| Citation(s) |
|---|
| 2008 SLG 1975 2008 SLD 1975 2008 PLD 503 |
Supreme Court of Pakistan
Criminal Appeal No.157 of 2003 out of J.P. No.39 of 2002, decided on 10th March, 2008., (On appeal from the judgment dated 3-9-2001, passed by the Lahore High Court, Rawalpindi Bench, in Crl. A.No.255-T/1999).
M. JAVED BUTTAR, MIAN HAMID FAROOQ AND SHEIKH HAKIM ALI, JJ
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Criminal Appeal No.157 of 2003 out of J.P. No.39 of 2002, decided on 10th March, 2008., (On appeal from the judgment dated 3-9-2001, passed by the Lahore High Court, Rawalpindi Bench, in Crl. A.No.255-T/1999).
M. JAVED BUTTAR, MIAN HAMID FAROOQ AND SHEIKH HAKIM ALI, JJ
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MUHAMMAD LATIF
VS
THE STATE
Law:
Section:
(a) Criminal trial-------Motive---Connotation---Motive is energetic source of mind which provides propelling force and gives impetus to perform any action or to do any act---Emotions are found concealed in the thoughts and mind of an accused, which remain secret and concealed till their exposure through spoken words or actions and can be adjudged from events occurred or to have taken place or going to happen at a relevant time---Motive is the cause, manner and method of thoughts in the mind of a person for performing action which is hidden in the mind of accused. Black's Law Dictionary 6th Edn. ref. (b) Penal Code (XLV of 1860)-------S. 302(b)---Reappraisal of evidence---Motive---Object and scope---Failure to prove motive---Awarding of capital punishment---Principles---Motive is primarily known to accused and not to complainant or to informant or any other witness of the occurrence unless it is impliedly or explicitly expressed---Informant or other witness of occurrence can explain and convey actions which were performed by accused in commission of offence and express their conclusions drawn from happenings and events occurring or narrations supplied to them at relevant moment, incidents or occurrences, which can be considered the causes and reasons for commission of an offence by accused---Real cause or force for commission of an offence is truly known to accused---Others actually adjudge it and given out the name to the cause or reason for doing an act or series of acts of accused person from happenings or reproduction of spoken words, if those became known to them from the accused or from any other source---Real motive is known to accused and not to other person, who ornaments those actions by their own opinions or from hearings---Old rule of failure of prosecution to prove motive has taken a change through s of superior courts with passage of time---Lack of, absence, inadequacy, weakness of the motive, if any, set up by prosecution and failure to prove it or the motive shrouded in mystery, are not the grounds to withhold penalty of death or to order sentence of life imprisonment, if prosecution has succeeded to prove its case beyond any doubt or suspicion…
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