Zahoor Hussain vs State Ss — 2026 YLR 293 LAHORE-HIGH-COURT-LAHORE

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Zahoor Hussain VS State Ss. 302(b) & 109---Qatl-i-amd, abetment---Appreciation of evidence---Benefit of doubt---Motive not proved---Accused was charged for committing murder of the brother and nephew of the complainant by firing---Motive of the occurrence as stated by the prosecution witnesses was that the appellant had developed illicit relations with female "Z" since acquitted, who was the wife of deceased and therefore he murdered both the deceased---Perusal of the statements of the prosecution witnesses revealed that they failed to prove the motive of the occurrence as narrated by them in their statements before the Trial Court---Prosecution witnesses admitted that they had not mentioned the existence of the motive in their previous statements recorded by the police during the investigation of the case---Complainant during cross-examination, admitted that in complaint, he did not mention any motive of the occurrence---Other witness admitted during cross- examination that in his statement to the police he did not mention the motive of illicit relations between "Z" and accused appellant---Another witness admitted during cross-examination that he did not mention the motive of illicit relations between "Z" and appellant---Such portions of the statements of prosecution witnesses clearly proved that the prosecution witnesses failed to provide evidence enabling this Court to determine the truthfulness of the motive alleged---Said witnesses failed to prove 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 was a haunting silence 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 a supportive piece of evidence and if the ocular account was found to be unreliable then motive alone could not be made 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.

Zahoor Hussain vs State Ss — 2026 YLR 293 LAHORE-HIGH-COURT-LAHORE

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