Muhammad Waqas vs State Ss — 2025 PCrLJ 1644 LAHORE-HIGH-COURT-LAHORE

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Muhammad Waqas VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Motive not proved---Accused were charged for committing murder of the nephew of the complainant by firing and also causing firearm injury to his neighbourer---Motive behind the occurrence was that a few days prior to the occurrence, accused quarreled with deceased, due to which present incident took place---Admittedly, the complainant had not mentioned the motive in his application for registration of the case---Rather, the complainant introduced the motive through his supplementary statement---Even the eye-witnesses had not uttered a single word about the motive part of the occurrence---In addition, during the investigation, the prosecution had introduced motive through the statement of nephew of the complainant, who deposed during his examination in chief that on 04.09.2011, he along with his uncle, the complainant, and ten other persons went to Police Station, where the Investigating Officer was interrogating the appellant, who stated that he suspected that brother of deceased/eye-witness used to tease his sister----Appellant further stated that the deceased and eye-witness both brothers resembled with each other and due to their resemblance deceased was murdered by him---Admitted fact that a written complaint did not disclose the motive for the offence---Complainant introduced the motive through his supplementary statement---However, the prosecution failed to lead any witness in support of the motive mentioned in the supplementary statement and deposed by the complainant---Rather, a new motive had been introduced by the prosecution through nephew of complainant---As was evident from the said deposition, the prosecution had failed to prove the motive part of the occurrence, which was shrouded in mystery---Appeal against conviction was allowed, in circumstances.

Muhammad Waqas vs State Ss — 2025 PCrLJ 1644 LAHORE-HIGH-COURT-LAHORE

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