Muhammad Zafar Iqbal vs State Ss — 2026 MLD 420 LAHORE-HIGH-COURT-LAHORE

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Muhammad Zafar Iqbal 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 brother of complainant by firing and also causing fire arm injuries to the complainant---Motive behind the occurrence of this case, as stated by the eye-witnesses in their statements before the Trial Court, was that Mst. "S" the wife of deceased was enticed away by the appellant, however, thereafter disputes arose between the appellant and Mst. "S" whereafter the appellant left Mst. "S", after beating her---Perusal of the record revealed that the said Mst. "S", never even joined the investigation of the case and moreover the eye-witnesses made contradictory statements with regard to the marital status of Mst. "S"---Investigating Officer of the case did not collect any evidence with regard to the motive of the occurrence---Eye-witnesses failed to provide evidence enabling the Court to determine the truthfulness of the motive alleged and the fact that the said motive was so compelling that it could have led the appellant to have committed the qatl-i-amd of the deceased---There were haunting contradictions with regard to the minutiae of motive alleged---No independent witness was produced by the prosecution to prove the motive as alleged---Moreover, it was an admitted rule of appreciation of evidence that motive was only acorroborative piece of evidence and if the ocular account was found to be unreliable, then motive alone could not be made the basis of conviction---Even otherwise, a tainted piece of evidence could not corroborate another tainted piece of evidence---Appeal against conviction was allowed, in circumstances.

Muhammad Zafar Iqbal vs State Ss — 2026 MLD 420 LAHORE-HIGH-COURT-LAHORE

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