Thursday, August 15, 2024

motive

                           Motive


Motive
Motive

                          2024 SCMR 1421         

    Mitigating circumstances ---

*  Recovery of weapon of offence disbelieved *  Absence of motive Single stab motive - Single 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 .

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