Mumraiz Ali vs Anwar Ali Ss — 2025 YLR 2541 PESHAWAR-HIGH-COURT

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Mumraiz Ali VS Anwar Ali Ss. 302(b), 324, 337-F(ii), 452, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah badi'ah, house-trespass, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Benefit of doubt---Motive not proved---Accused were charged for committing murder of father, brothers, daughter and sister-in-law of complainant and causing fire arm injures to the complainant and his brother---Cause of killing was the disputed post held by the deceased brother of complainant, but the prosecution failed to convince that what interest the accused had and that why 12 accused from different houses joined hands---Neither the complainant could bring on record the relevant documents, nor the Investigating Officer collected the same and placed it on file---No witness from the department was examined in that respect and no verification was ever made by the Investigating Officer---An agreement deed was produced at a belated stage, but it was of no help to the prosecution, as admittedly deceased father of complainant was holding the post of tube well operator for 35 years and thereafter it was held by his son/deceased---Another brother of the deceased father of complainant had worked against the post of Chowkidar---If the motive was admitted to be the one alleged by the prosecution, then it by itself belied the stance of the complainant and the involvement of all male members of the families---Weakness or absence of motive would hardly be a ground for the acquittal of an accused, but when motive is the only cause of killing, then the prosecution is under the bounden duty to prove the same, but in this particular case the prosecution miserably failed to prove the motive, so its failure had benefited the appellants---Appeal against conviction was allowed, in circumstances.

Mumraiz Ali vs Anwar Ali Ss — 2025 YLR 2541 PESHAWAR-HIGH-COURT

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