Muhammad Akram vs State Ss — 2024 YLR 2469 LAHORE-HIGH-COURT-LAHORE

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Muhammad Akram VS State Ss. 302(b), 109, 379, 427, 34, 148 & 149---Qatl-i-amd, abetment, theft, mischief causing damage to the amount of fifty rupees, common intention, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Motive not proved---Accused was charged that he along with his co-accused persons made firing upon the complainant party, due to which the brother of complainant was hit and died, thereafter the accused persons destroyed the cotton and Jawar crops while ploughing the same---As per prosecution case, the motive behind the occurrence was that a witness purchased agricultural land from one seller through an agreement; that said purchaser cultivated the said land and he also filed a civil suit against the accused persons, therefore, due to such grudge, the accused persons committed the murder of deceased---Prosecution also produced documentary evidence in order to prove the alleged motive---If the prosecution case regarding the said motive was considered to be true, even then there was no reason for the accused and his co-accused to commit the murder of deceased because according to the prosecution's own case, it was not the deceased, who purchased the disputed land from the seller or filed any civil suit against the accused and his co-accused, rather it was a witness, who purchased the land in question, cultivated the same and filed a civil suit against the accused party---Under the circumstances, said witness, should have been the prime target of the accused party and said witness was statedly present at the spot at the time of occurrence but he did not receive a single scratch on his body---Prosecution story did not appeal to a prudent mind because if the motive was against the witness, then as to why the said witness was spared alive and in his place deceased, who had nothing to do with the disputed land, was murdered---Thus, the motive as alleged by the prosecution had not been proved---Appeal against conviction was allowed, in circumstances.

Muhammad Akram vs State Ss — 2024 YLR 2469 LAHORE-HIGH-COURT-LAHORE

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