Ihsan Illahi alias Shani vs State Ss — 2026 MLD 221 LAHORE-HIGH-COURT-LAHORE

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Ihsan Illahi alias Shani VS State Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Motive not proved---Accused were charged for committing murder of the son of complainant by firing---Record showed that the motive was canvassed as the registration of two criminal cases i.e. FIR No.116/2014 under Ss.324,109 & 34, P.P.C, and FIR No.297/2017 under S.324, P.P.C, both registered, against the appellant and in both the cases he was proclaimed offender---In that regard, it was observed that in support of projected motive, except oral assertion, no material was placed on record---Registration of previous criminal cases, purportedly registered against the appellant, could easily be proved by tendering in evidence the copies of FIRs---What to talk of placing on record the copies of said FIRs, the witnesses failed to give its particulars while appearing before the Trial Court---Furthermore, complainant during cross-examination admitted that the appellant was not convicted in any of the criminal cases registered against him---Complainant further admitted that while lodging the FIR, he mentioned that he got registered the two FIRs, however one was registered by him and the other was got registered by his son---During the course of cross-examination, the complainant admitted that the sister of the appellant was the wife of son of complainant who kicked her out along with children and she filed a petition under S.491, Cr.P.C., whereby she obtained the custody of her children from Sessions Judge---In such circumstances, the petition under S.491, Cr.P.C., filed against complainant's son could also be considered a factor for the false implication of the appellant in the instant case---Motive on occasions provides corroboration to the case of prosecution and often becomes a root cause for the false implication of an accused and for that reason is always considered as a double-edged weapon---Appeal against conviction was allowed, in circumstances.

Ihsan Illahi alias Shani vs State Ss — 2026 MLD 221 LAHORE-HIGH-COURT-LAHORE

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