Mst. Fateh Khatoon vs Muhammad Qasim Ss — 2026 YLR 909 KARACHI-HIGH-COURT-SINDH

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Mst. Fateh Khatoon VS Muhammad Qasim Ss. 302(b), 201, 342, 337-H(2), 506(2), 109, 148 & 149---Qatl-i-amd, causing disappearance of evidence of offence or giving false information to screen offenders, wrongful confinement, hurt by rash or negligent act, criminal intimidation, abetment, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Motive not proved---Accused were charged for committing murder of the nephew of the complainant by firing---According to the prosecution, the alleged motive behind the occurrence was that one of the co-accused had restrained the deceased from visiting their village---Surprisingly, however, the record reflected that on the very day of the incident, the deceased, accompanied by his cousin and his aunt (the complainant), visited the house of the accused and other co-accused, who were residing in the same vicinity---Said persons reportedly shared both lunch and dinner with the accused family before the incident allegedly took place later that night---Then alleged that complainant had come to their village, which was naturally illogical and inconsistent with normal human conduct---Furthermore, the prosecution narrative was self-contradictory, as alleged, the deceased had already been threatened not to visit the house or the village of the accused, it remained strange why he was allowed to visit, dine, and remained in their company for several hours before being killed---Prosecution had failed to explain what specific reason or provocation led to the killing---Thus, the alleged motive was vague, unsubstantiated and shrouded in mystery---Prosecution had nowhere established any prior enmity, dispute, or incident of altercation between the parties which could plausibly serve as a motive for such a heinous act---In the absence of a proven motive, the prosecution case became highly doubtful---Appeal against conviction was allowed, in circumstances.

Mst. Fateh Khatoon vs Muhammad Qasim Ss — 2026 YLR 909 KARACHI-HIGH-COURT-SINDH

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