Khitab Ullah vs State Ss — 2025 MLD 1803 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 MLD 1803 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: MLD
Parties: Khitab Ullah vs State Ss
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Khitab Ullah VS State Ss. 302(b), 324, 336, 337-F(iii), 337-F(vi), 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, itlaf-i-salahiyyat-i-udw, ghayr-jaifah-mutalahimah, causing grievous hurt, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Motive not proved---Accused were charged that they made firing upon the complainant party, due to which one person died whereas two sustained firearm injuries---Prosecution specifically alleged that the motive behind the occurrence was a previous enmity between the parties---Alleged motive rested solely on the oral assertion of the complainant as no corroborative evidence was presented by the prosecution to substantiate its claim---Prosecution is not obligated to prove motive in every murder case but it is equally established that once the prosecution sets up a specific motive, it assums the burden of proving it---Failure to discharge that burden operates to the detriment of the prosecution, not the accused---Circumstances established that the prosecution had failed to prove its case through cogent, reliable and trustworthy evidence---Appeal of accused persons against conviction was allowed, accordingly.

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