Citation Name: 2024 YLR 457 PESHAWAR-HIGH-COURTBookmark this Case NAWAB KHAN vs State S

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Citation Name: 2024 YLR 457 PESHAWAR-HIGH-COURTBookmark this Case NAWAB KHAN VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Motive not proved---Scope---Accused was charged for committing murder of the complainant then injured by firing---Motive advanced by the complainant while reporting the matter had not been proved and even the Investigating Officer could not collect independent evidence in that respect---As it was evident from the record that at the time of incident all the three including deceased and accused were busy in thrashing and when no altercation took place between the two at the time of thrashing and thereafter, then question was as to what led the accused to kill the deceased---Moreover, it had never been the case of the prosecution that the deceased and accused a little earlier to the incident altercated with each other and that the accused left the house and came back duly armed to kill the deceased---Manner in which the matter was reported and the manner in which the incident occurred, both were not sufficient to convince the Court regarding the involvement of the accused in the incident---Thus, there was no cavil with the proposition that motive once alleged must be proved and when the prosecution failed to prove the same, then it reacted upon its case---As in the instant case, motive had not been proved, the presence of the accused in the house before the incident was not proved and when the most important witness did not come to depose against the accused, then in such circumstances, the Court was left with no option, but to hold that the prosecution failed to establish the alleged motive and under the circumstances, its benefit must accrue to the accused---Circumstances established that the prosecution had failed to prove the charges against the accused beyond reasonable doubts---Appeal against conviction was allowed, in circumstances.

Citation Name: 2024 YLR 457 PESHAWAR-HIGH-COURTBookmark this Case NAWAB KHAN vs State S — 2024 YLR 457 PESHAWAR-HIGH-COURT

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