Atta Khan vs State Ss — 2024 PCrLJ 1448 KARACHI-HIGH-COURT-SINDH

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Atta Khan VS State Ss. 302(b), 393 & 34---Qatl-i-amd, robbery, common intention---Appreciation of evidence---Accused identified through CCTV footage---Accused were charged for committing murder of the brother of the complainant by strangulation during robbery---Record showed that one of the accused persons "AK" had been correctly identified in the CCTV as being present at the time of the incident---Said accused was also a security guard at the bank who was due to come on duty in the morning so his presence at the bank when the body was discovered was not particularly unusual---Likewise the finger prints of the said accused being found at the scene of the crime and his CDR data indicating that he was in touch with the deceased and co-accused during the night as the deceased was a security guard and the other co-accused were his relatives might not appear to be unusual when taken individually however when taken all together along with the judicial confession of accused "AH" it was found that they provided sufficient corroboration to prove beyond reasonable doubt that the accused "AK" attempted to rob the bank and murdered the deceased for the obvious reason that the deceased was a co-worker and would have been able to identify him as attempting to rob the bank---Accused "AH" admittedly was not shown at the bank on the CCTV footage at the time of the attempted robbery and murder however his judicial confession had been believed which was corroborated by his finger prints being found at the crime scene especially as he was not a security guard; he did not work for the bank and did not hold a bank account at the bank, and as such the only reason why his finger prints could have been at the bank was on account of his presence during the attempted robbery of the bank and murder of the deceased---As such his confession was corroborated by his finger print being found at the crime scene, and therefore the prosecution had proved beyond reasonable doubt that the accused "AH" attempted to rob the bank and murdered the deceased---Appeal of accused persons "AK" and "AH" against conviction was dismissed, in circumstances.

Atta Khan vs State Ss — 2024 PCrLJ 1448 KARACHI-HIGH-COURT-SINDH

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