Absence of motive

2025 SCMR 2028 SUPREME-COURT Judicial Precedent

S. 302(b)Criminal Procedure Code (V of 1898), S. 154Qatl-i-amdRe-appraisal of evidenceUn-explained delay in registration of FIRAbsence of motiveDelay in dispatching crime empties to Forensic Science LaboratoryRecovery from public placeBenefit of doubt

Accused was convicted by Trial Court for committing qatl-i-amd and was sentenced to death, which was maintained by High Court

Validity

There was no convincing explanation for delay in registration of information as mandated under section 154, Cr.P.C.

Incharge of Police Station had not only received information but several steps in the course of investigation were also taken

Postmortem was conducted and crime scene was also inspected from where incriminating articles were collected

All such steps were done prior to registration of crime report

Story of prosecution was without a motive

Accused was arrested on 24-08-2018 and on 29-08-2018, he had led to recovery of crime weapon from a packet stated to have been buried under bushes near an electric pole

Spent bullets were sent to Forensic Science Laboratory on 28-08-2018 i.e. after the arrest of accused

Supreme Court did not rely on recovery of firearm weapon because the spent bullets were sent to Forensic Science Laboratory after the arrest of accused

No person would conceal the firearm used to allegedly commit the crime at a place frequented by public i.e. next to the wall of Civil Hospital

Supreme Court set aside conviction and sentence awarded to accused and he was acquitted of the charge as prosecution had failed in its obligation to prove guilt of accused beyond reasonable doubt

Appeal was allowed.

2024 SCMR 1421 SUPREME-COURT Judicial Precedent

S. 302(b)Qatl-i-amdReappraisal of evidenceSentence, reduction inMitigating circumstancesRecovery of weapon of offence disbelievedAbsence of motiveSingle stab wound

Appellate Court/High Court had (rightly) disbelieved the recovery of Churri (knife) on the pointation of the petitioner/convict from an open place

Furthermore, absence of motive in the FIR, non-proving of the motive introduced by the prosecution witnesses at the trial about the desire of the petitioner/convict to marry the deceased prior to her marriage with a prosecution witness, and single stab wound on the abdomen of deceased had rightly been considered as mitigating circumstances by the High Court to award lessor sentence of imprisonment for life to the petitioner

Petition was dismissed, leave to appeal was refused, and conviction and sentence of imprisonment for life awarded to the accused by the High Court was maintained.

2020 YLRN 110 HIGH-COURT-AZAD-KASHMIR Judicial Precedent

S. 302Qatl-i-amdAbsence of motiveEffectMotive is always locked up in the mind of the accused and sometimes it is difficult to unlockPeople do not act wholly without motive

Failure to discover motive of an accused does not signify its non-existence hence, failure to prove motive is not fatal as a matter of law

Where facts are clear, it becomes immaterial whether the motive has been proved or not

Mere absence of motive behind the occurrence cannot debar the court from awarding major punishment to an accused, if his guilt is proved from the evidence/record.

2017 PCrLJN 123 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

SentenceAbsence of motive

In absence of any motive, conviction on capital sentence could be recorded.

2014 YLR 1125 QUETTA-HIGH-COURT-BALOCHISTAN Judicial Precedent

MotiveScopeAbsence of motiveMotive was only a factor, which would help in connecting accused with the accusation

Absence of motive, could not be used as mitigating circumstance in determining sentence to be imposed.