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

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FAZAL MEHMOOD VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Recovery of CCTV footage---Reliance---Scope---Accused was charged that he along with co-accused committed murder of the cousin of complainant---USB which contained the CCTV footage was not disputed by either party at trial with any vigour and there was no allegations of its being tampered with---Such safeguards could be safely watered down based on the particular facts and circumstances of the case---Keeper of the document/witness in his evidence gave evidence that he saw the incident from the CCTV footage which he down loaded onto a USB---Safe custody of the USB was established and no one questioned the genuineness of the USB at trial---Evidence of the witness, who saw the actions of the accused, as shown in the USB a few days after it was recorded and kept in safety before handing over to the police was found to be reliable, trust worthy and confidence inspiring---Evidence of said witness was believable regarding what he saw on the USB, which went unchallenged---Furthermore, said witness had no enmity with the accused to lead him to falsely implicate the accused in the case---Said witness was not a chance witness, his evidence remained un-dented during a lengthy cross-examination---Admittedly, said witness was related to the deceased, however it had not come in evidence that said witness had any ill will or enmity towards the accused as such his evidence could be relied upon---Said witness knew the accused as a fellow student and as such there was no case of mistaken identity---CCTV/USB footage showing the accused moving around the Madrassa with a heavy object in his hand---Circumstances established that the prosecution had proved its case against the accused beyond any reasonable shadow of doubt---However, the motive was not proved, thus death penalty was reduced to imprisonment for life---Appeal against conviction was dismissed with said modification in sentence.

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

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