RAJESH alias RAJU vs State S — 2022 YLR 1855 KARACHI-HIGH-COURT-SINDH

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RAJESH alias RAJU VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Mitigating circumstances--- Scope---Accused was charged for committing murder of the deceased in a hospital---Prosecution had failed to prove the motive at the trial---In the FIR, motive had not set up but during investigation, Investigating Officer interrogated the accused and collected the material that the accused had committed the murder of the deceased because the accused had got the ATM card of the deceased secretly and used it unauthorizedly and had withdrawn an amount of Rs.21,000/-from the account of the deceased by means of ATM card---In order to substantiate said fact at trial, prosecution had failed to collect the independent piece of evidence to prove the motive at trial---Bank Manager/witness was examined by the prosecution and he deposed that Bank Manager of other branch had provided him footage of the ATM machine room, when the same was played before the Trial Court, picture of user was not visible---ATM card of the deceased was also used---Nothing on record as to how the accused came to know about the valid PIN number of the ATM Card of the deceased---Investigating Officer could not recover the ATM Card of the deceased from the possession of the accused but stated that it was thrown by the accused in the gutter---Said piece of evidence/recovery had not been established at trial by cogent and confidence inspiring evidence---Investigating Officer had also failed to interrogate/investigate the accused with regard to the use of amount of Rs.21,000/-allegedly withdrawn by the accused from the account of the deceased by means of ATM Card---Such fact constituted mitigating circumstances, thus death sentence was reduced to imprisonment for life---Appeal against conviction was dismissed with said modification in sentence.

RAJESH alias RAJU vs State S — 2022 YLR 1855 KARACHI-HIGH-COURT-SINDH

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