IMRAN vs STATE — 2026 SCMR 47 SUPREME-COURT

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IMRAN VS STATE. Ss. 302(b) & 34---Qatl-i-amd, common intention---Reappraisal of evidence---Benefit of doubt---Motive not proved. Petitioner-accused was charged that he along with his co-accused committed murder of the brother of complainant. The motive behind the occurrence was alleged to be a dispute regarding amount of cement blocks between the deceased and the accused. Motive was jointly alleged against the petitioner and co-accused that they had a dispute with the deceased regarding an amount of cement blocks. It was not brought on record as to whether the deceased had to pay any amount to the petitioner and his co-accused or whether the petitioner and his co-accused had to pay any amount to the deceased. It was also not stated as to who out of the two accused persons or the deceased was running the business of sale and purchase of cement blocks. Rather, the complainant admitted during his cross-examination that neither the deceased nor the accused were having any business of blocks. The specific amount, which was alleged to be the bone of contention between the parties, was also not brought on record. Held: The motive alleged by the prosecution was vague and ambiguous and remained unproved. The prosecution witnesses failed to establish any definite dispute or cause of enmity between the parties which could provide a basis for the occurrence. The petitioner was a minor of the age of 17 years at the time of occurrence; therefore, it was not expected that he was running the alleged business at such a tender age. The alleged motive was not proved against the petitioner and could not be used as a circumstance to maintain conviction. Circumstances established that the prosecution had failed to prove its case against the petitioner beyond the shadow of doubt. Appeal against conviction was allowed, in circumstances.

IMRAN vs STATE — 2026 SCMR 47 SUPREME-COURT

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