SAJID MEHMOOD vs State S — 2022 SCMR 1882 SUPREME-COURT

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SAJID MEHMOOD VS State S. 302(b)---Qatl-i-amd---Minor discrepancies in prosecution case---While appreciating the evidence, the court must not attach undue importance to minor discrepancies---Such minor discrepancies which do not shake the salient features of the prosecution case should be ignored---Accused cannot claim premium of such minor discrepancies---If importance is given to such insignificant inconsistencies then there would hardly be any conviction. Head NotesCase Description Citation Name: 2022 SCMR 1882 SUPREME-COURTBookmark this Case SAJID MEHMOOD VS State S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Prosecution witnesses were subjected to lengthy cross-examination by the defence but nothing favourable to the accused or adverse to the prosecution could be produced on record---Ocular account furnished by the prosecution was reliable, straightforward and confidence inspiring---Both prosecution witnesses were inmates of the house, in front of which occurrence took place, therefore, their presence was natural and the same was fully established from the record---Medical evidence available on the record corroborated the ocular account so far as the nature, time and impact of the injury on the person of the deceased was concerned---Counsel for the accused could not point out any plausible reason as to why the complainant would falsely involve the accused in the present case and let off the real culprit, who had committed murder of his real brother---Substitution in such like cases was a rare phenomenon---According to the report of the Forensic Science Labo-ratory, the crime empty was found fired from the pistol recovered from the accused---Conviction of accused under section 302(b), P.P.C. was maintained---Appeal was dismissed. Head NotesCase Description Citation Name: 2022 SCMR 1882 SUPREME-COURTBookmark this Case SAJID MEHMOOD VS State Ss. 161, 265-F(2), 265-F(7) & 540---Witness mentioned in FIR but whose statement is not recorded under section 161, Cr.P.C.---Whether such witness could be examined under section 256-F or section 540, Cr.P.C. and his evidence relied upon---Held, that perusal of section 265-F, Cr.P.C. shows that nowhere in the said section it is mentioned that only those witnesses could be examined whose statements under section 161, Cr.P.C. have been recorded---Under section 265-F, Cr.P.C. the Trial Court is not bound to record the statements of only those witnesses who have been listed in the calendar of witnesses---Furthermore there is no bar that a witness, whose statement under section 161, Cr.P.C. had not been recorded at the time of investigation, cannot be allowed to be examined under section 540, Cr.P.C.---When a witness is examined in Court, whose statement has not been recorded at the time of investigation under section 161, Cr.P.C., the evidentiary value to be attached to the evidence of such witness has to be looked into and if it is found that prejudice has been caused to the accused then the evidence of such witness may or may not be acted upon. Head NotesCase Description Citation Name: 2022 SCMR 1882 SUPREME-COURTBookmark this Case SAJID MEHMOOD VS State S. 302(b)---Qatl-i-amd---Witness, evidence of---Scope---Believing or disbelieving a witness, depends upon intrinsic value of the statement made by him---No universal principle that in every case, interested witnesses should be disbelieved or disinterested witnesses be believed; it all depends upon the rule of prudence and reasonableness to hold that a particular witness was present on scene of crime and that he is making a true statement---What is relevant is what statement has been given and it is not the person but the statement of that person which is to be seen and adjudged. Head NotesCase Description Citation Name: 2022 SCMR 1882 SUPREME-COURTBookmark this Case SAJID MEHMOOD VS State S. 302(b)--- Qatl-i-amd---Prosecution witnesses related to the deceased---Mere relationship of the prosecution witnesses with the deceased cannot be a ground to discard the testimony of such witnesses unless previous enmity or ill will is established on the record to falsely implicate the accused in the case. Head NotesCase Description Citation Name: 2022 SCMR 1882 SUPREME-COURTBookmark this Case SAJID MEHMOOD VS State S. 302(b)--- Qatl-i-amd--- Reappraisal of evidence--- Sentence, reduction in---Death sentence reduced to life imprisonment---High Court while taking into consideration the fact that the motive part of the prosecution story was not proved; there was no blood feud between the parties; what actually preceded just before the occurrence remained shrouded in mystery; accused only fired single shot and co-accused of the accused had been acquitted by the Trial Court, had rightly taken a lenient view and converted the sentence of death into imprisonment for life---No further leniency could be shown to the accused in the matter of his sentence---Appeal was dismissed. Head NotesCase Description Citation Name: 2022 SCMR 1882 SUPREME-COURTBookmark this Case SAJID MEHMOOD VS State Concept of 'rigor mortis' and factors affecting the same explained. Head NotesCase Description Citation Name: 2022 SCMR 1882 SUPREME-COURTBookmark this Case SAJID MEHMOOD VS State S. 302(b)---Qatl-i-amd---Medical evidence and ocular account---Preference---Where ocular evidence is found trustworthy and confidence inspiring, the same is given preference over medical evidence---Casual discrepancies and conflicts appearing in medical evidence and the ocular version are quite possible for variety of reasons---During an incident when live shots are being fired, witnesses in a momentary glance make only tentative assessment of points where such fire shots appear to land and it becomes highly improbable to mention their location with exactitude. Head NotesCase Description Citation Name: 2022 SCMR 1882 SUPREME-COURTBookmark this Case SAJID MEHMOOD VS State S. 302(b)---Qatl-i-amd---Testimony of single witness---Conviction---Scope---Conviction in a murder case can be based on the testimony of a single witness, if court is satisfied that he is reliable---Quality of evidence matters and not its quantity. Head NotesCase Description

SAJID MEHMOOD vs State S — 2022 SCMR 1882 SUPREME-COURT

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