FAZAL MEHMOOD vs State Ss — 2023 PCrLJ 1071 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PCrLJ 1071 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PCRLJ
Parties: FAZAL MEHMOOD vs State Ss
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

FAZAL MEHMOOD VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Sentence, reduction in---First Information Report lodged with promptitude---Scope---Accused was charged that he along with his co-accused committed murder of the cousin of complainant---Motive behind the occurrence was that the deceased had been teasing the accused for the last two or three days and wanted to commit sodomy with him---Record showed that witness/teacher of the madrasah, where occurrence took place, went to the Police Station about an hour after the incident and reported the same to the police who came immediately with him to the place of wardat which was corroborated by duty Officer of the Police Station at that time and accompanied him to the scene of the wardat---Formal FIR was lodged by the complainant about three hours after that and as such the FIR was lodged with promptitude---Thus, it left no time for the complainant to cook up a false story in collusion with the police to falsely implicate the accused---Even otherwise there was no enmity between the complainant and the accused and as such he had no reason to falsely implicate the accused in the case---Accused was named in the FIR for murdering the deceased with a stone according to the FIR because the deceased had annoyed the accused which was the alleged motive---Circumstances established that the prosecution had proved its case against the accused beyond any reasonable shadow of doubt---Motive was not proved, thus death penalty was reduced to imprisonment for life---Appeal against conviction was dismissed with said modification in sentence

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