--- Motive not established --- According to the prosecution , a quarrel took place between the accused and a servant of deceased ---

 2023 SCMR 596

Death sentence reduced imprisonment for life --- Motive not established --- According to the prosecution , a quarrel took place between the accused and a servant of deceased --- Deceased allegedly reprimanded the accused and due to this grudge , the accused committed the murder of deceased -- Prosecution had also produced servant of the deceased , who in his statement deposed that the accused wanted him to work with him and asked him to leave the job of the deceased --- Bare perusal of the statement of the servant revealed that the real motive of the accused was with the said servant , therefore , the actual motive to commit the murder of in deceased remained shrouded mystery In these circumstances , the penalty of death awarded to the accused would be harsh --- Consequently , while maintaining the conviction of the accused under section 302 ( b ) , P.P.C. , his sentence of death was altered into imprisonment for life

Mitigating factors --- Motive not established --- If a specific motive has been alleged by the prosecution then it is duty of the prosecution to establish the said motive through cogent and confidence inspiring evidence --- Otherwise , the said motive might be considered a mitigating circumstance in favour of an accused .