AHSIN ALI vs State Ss — 2025 SCMR 1367 SUPREME-COURT

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AHSIN ALI VS State Ss. 302(b), 393, 449 & 109---Qatl-i-amd, robbery, house trespass, abetment---Reappraisal of evidence---Motive not proved---Sentence, quantum of---Mitigating circumstances---Petitioners were charged for committing murder of the paternal brother of the complainant by inflicting hatchet blows---Record showed that the accusation leveled against accused "AA" was that he inflicted hatchet blows on the head of the deceased---As per prosecution case the accused persons came to the farm house of the deceased for dacoity on the instigation of one "GN", but the same proved to be incorrect---No looted money, article or hens were recovered from the possession of accused "AA" or his co-accused---No witness had stated that he had seen the petitioners while attempting to loot any article from the poultry shed of the deceased---While awarding death sentence and convicting an accused motive had to be given prime importance since without there being an un-shattered motive proved by the prosecution, death sentence could not be awarded, rather in such cases, death sentences were usually converted into sentences for life imprisonment---In the instant matter, the aspect of proving motive to the hilt was missing---Therefore, awarding death sentence or confirming the same would not only be harsh but also uncalled for, when admittedly no material had come on the record to prove the alleged motive---Moreover, it was not determinable in this case that as to what had actually happened immediately prior to the occurrence which resulted into present unfortunate incident---Likewise, if the motive of robbery punishable under Section 393, P.P.C., was not proved then offence of trespass punishable under Section 449, P.P.C., in order to loot any article from the poultry shed of the deceased was also not proved---Thus, the conviction and sentence of accused "AA" under Sections 393 & 449, P.P.C., were set-aside and he was acquitted of the said charges---However, the sentence awarded to the accused "AA" under Section 302(b), P.P.C., was modified from death sentence to life imprisonment---With said modification in sentence, petition was converted into an appeal and was dismissed, in circumstances.

AHSIN ALI vs State Ss — 2025 SCMR 1367 SUPREME-COURT

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