ZESHAN AKBAR vs State Ss — 2022 YLR 1380 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 YLR 1380 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: YLR
Parties: ZESHAN AKBAR vs State Ss
Subject matter: Criminal
Provisions referred to: S. 15---Q; Khyber Pakhtunkhwa Arms Act (XXIII of 2013)

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

ZESHAN AKBAR VS State Ss. 302(b), 324 & 201---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, attempt to commit qatl-i-amd, causing disappearance of evidence of offence, giving false information to screen defenders, possession of unlicensed arms---Appreciation of evidence---Presence of eye-witnesses at the spot was justifiable---Scope---Accused was charged for committing murder of his father and also causing injury to the complainant by firing---Record showed that the time of the incident was 07:30 a.m. early in the morning---Same was also corroborated by the time noted in the medical reports and other circumstantial evidence available on the record---As per statement of Medical Officer, he had examined injured/complainant at 07:50 a.m. i.e. just after 20 minutes of the occurrence, thus, the presence of eye-witness on the spot at the relevant time was quite natural---No denial of the fact that complainant was son of the deceased who had himself sustained injury in the occurrence and thus his presence was established on the spot as there was no clue establishing that he had himself inflicted the injury to falsely enrobe the accused (real brother) for the murder of his father---Circumstances established that the prosecution had proved its case against the accused beyond reasonable doubt---Appeal against conviction was dismissed accordingly. Head NotesCase Description

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