Mehboob Ali Mallah vs State S — 2026 PCrLJ 733 KARACHI-HIGH-COURT-SINDH

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Mehboob Ali Mallah VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Motive not proved---Accused was charged for committing murder of his wife/daughter of complainant by firing---Prosecution case initiated with the evidence of the complainant, who stated that they proceeded to the house of the deceased, the wife of the appellant, with whom she had two children---Prosecution's theory was founded primarily on the alleged motive that the appellant, being annoyed by the presence of the complainant (the father of the deceased) and his son (the brother of the deceased), committed the murder of his wife---However, this purported motive appeared inherently flawed and questionable---Moreover, it was confusing why, if the appellant was aggrieved by the presence of the complainant and his son, he did not cause them any harm but instead targeted his wife---Prosecution failed to explain this crucial inconsistency---According to the prosecution's own narrative, the appellant was annoyed by the complainant and his son, yet it was the deceased who suffered fatal consequences, while the complainant and his son were left unharmed---Said aspect strained the probability of the prosecution's version and raised serious doubts about the authenticity of the alleged motive---Furthermore, the complainant himself testified before the Trial Court that the deceased had never expressed any grievance or lodged any complaint against the appellant---There was no evidence of any prior dispute between the husband and wife---Said absence of any known animosity or motive weakened the prosecution's case considerably---Even assuming that the statements of the prosecution's ocular witnesses were accepted as truthful, the question remained why did the appellant spare the complainant and his son, who were unarmed and vulnerable, despite being allegedly annoyed with them---Said fact that these witnesses survived without harm and had given statements against the appellant undermined the credibility of the prosecution's narrative and invited serious scrutiny---Mode and manner of the occurrence, as presented by the prosecution, did not appeal to logic or reason---They were fraught with improbabilities and inconsistencies, which rendered the entire prosecution story suspected---Appeal against conviction was allowed, in circumstances.

Mehboob Ali Mallah vs State S — 2026 PCrLJ 733 KARACHI-HIGH-COURT-SINDH

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