Mst. Beena vs State Ss — 2026 YLR 11 KARACHI-HIGH-COURT-SINDH

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Mst. Beena VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Motive not proved---Accused were charged for committing murder of brother of complainant by cutting his neck with a sharp edged weapon---Illicit relation between the accused persons inter se was the motive part of the occurrence---Investigating Officer deposed in cross that no witness had stated during investigation that co-accused and appellant and deceased were seen together in house and no witness had disclosed that at the time of occurrence both accused were present inside the house---Investigating Officer exhibited one application of deceased, and on such application the deceased narrated the story from the year of 2020 before SHO of concerned Police Station on account of disputed amount with his wife/appellant, as she left his house with co-accused and had great apprehension for his life from both accused---For such aspect the Investigating Officer in order to prove motive should have recorded the statement of concerned SHO, but he did not do so and even did not collect the fate of such application---Matter pertained to the year of 2020, much prior to the incident---A witness deposed before Trial Court that deceased did not make any complaint regarding co-accused during his life time and further deposed that no people of neighborhood had any grievance or complaint against the character of co-accused, and said witness deposed in cross that deceased had never made any complaint about his wife regarding her character---In instant case, the motive was not proved as the prosecution had totally failed to establish the motive---Appeal against conviction filed by accused/appellant was allowed, in circumstances.

Mst. Beena vs State Ss — 2026 YLR 11 KARACHI-HIGH-COURT-SINDH

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