The Sindh High Court (SHC) has dismissed the appeal of a convict against his life imprisonment sentence in a cable operator murder case.
Shahzad was sentenced to life imprisonment by an additional district and sessions court for murdering cable operator Irfan Ali in Jamali Goth in the Malir area in February 2014. The sessions court, however, acquitted a co-accused, Mohsin, for want of evidence.
According to the prosecution, Ali along with other men was repairing a cable when the appellant and two co-accused, Wali Mohammad and Mohsin, came on a motorcycle, and Shahzad shot Ali who later succumbed to injuries.
A counsel for the appellant submitted that the evidence of eyewitnesses was not trustworthy as it had not been determined in the trial court proceedings whether the deceased was up on the ladder when he was shot or he was standing on the ground.
He said the prosecution had failed to prove why the appellant killed the deceased when he and other co-accused were not involved in any cable business.
An additional prosecutor general submitted that the prosecution witnesses had supported the prosecution’s case and the appellant had warned the deceased not to repair the cable, which was also extending to the rooftop of his house.
A single bench of the high court headed by Justice Omar Sial after hearing the arguments observed that eyewitness accounts were confidence-inspiring.
The high court observed that all the preliminary steps, including reporting to the police, the police arriving on the spot, registration of an FIR, recording of eyewitnesses’ statements under the Section 161 of the Code of Criminal Procedure, and recovery of bullet casings, had been carried out promptly.
The bench observed that the evidence of defence witnesses did not sound trustworthy as they gave different accounts of where Shahzad lived.
The SHC observed that the prosecution argued that the point of friction between the deceased and the appellant was not the cable business but Ali’s repair work that involved the appellant’s house.
The high court observed that the prosecution case was convincing and it had proved its case beyond any reasonable doubt. The SHC observed that contradictions between witness statements in the trial were not of such a nature that could upset a conviction and the trial court had rightly convicted the appellant.
The SHC observed that the appellant fired three bullets at the deceased, which reflected his intention to kill.
The high court dismissed the appeal and upheld the life imprisonment sentence awarded to the appellant.
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