KASHIF NOUMAN ALIAS KASHI vs STATE Ss — 2026 YLR 864 LAHORE-HIGH-COURT-LAHORE

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KASHIF NOUMAN ALIAS KASHI VS STATE Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Motive not proved---Accused were charged for committing murder of the brother of complainant---Motive of the occurrence as stated by complainant in his written application was that the appellants had developed an illicit liaison and as the deceased discovered the said relationship, therefore, both the appellants committed his murder---However, the witnesses failed to prove the motive of the occurrence as stated by them---Complainant admitted during cross-examination that he himself had never seen the appellants in the company of each other and further admitted that even the deceased had not ever reported the matter of illicit relationship of the appellants with each other to the police---Similarly, the witness also admitted that he himself had never witnessed the appellants in the company of each other---Other witness also admitted that he had no knowledge about the relationship of the appellants with each other---Another witness also admitted the lack of any knowledge regarding the relationship of the appellants with each other---Investigating Officer of the case also did not collect any evidence in support of the alleged motive of the occurrence---It was an admitted fact that the deceased had contracted marriage with the co-appellant about fourteen years prior to the occurrence and was also living with the co-appellant at the time of occurrence---There was no evidence on record that deceased was facing any threat to his life at the hands of the appellants prior to the occurrence rather to the contrary he was living with the co-appellant till his tragic death---Co-appellant and deceased were blessed with the birth of as many as two children, which proved that the co-appellant and the deceased were having a happy and a healthy marital life and hence there did not exist any reason for the co-appellant to have murdered her loving husband---Prosecution witnesses failed to provide evidence enabling 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 was a poignant hush with regard to the particulars of the motive alleged---No independent witness was produced by the prosecution to prove the motive as alleged---Appeal against conviction was allowed, in circumstances.

KASHIF NOUMAN ALIAS KASHI vs STATE Ss — 2026 YLR 864 LAHORE-HIGH-COURT-LAHORE

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