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---C; S. 342---Q; Khyber Pakhtunkhwa Arms Act (XXIII of 2013); Criminal Procedure Code (V of 1898)

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---Criminal Procedure Code (V of 1898), S. 342---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---Defence plea---Scope---Accused was charged for committing murder of his father and also causing injury to the complainant by firing---Defence had raised a plea that the accused had been a drug addict at the relevant time---Such fact had also been admitted by the eye-witnesses before the court during their cross-examination---To support his assertion, defence referred to certain portions of cross-examination of said eye-witnesses---Taking of intoxicants by a person at his will and commission of an offence during such state of intoxication had never been recognized as an exception from the criminal liability that was ensued as a result of doing of the act---In the present case, there was nothing on record to suggest that the intoxicant was administered against the will of the accused or that he had been suffering from any mental debilitating condition---Besides, the manner in which the offence had been committed, escape of the accused after commission of the offence and then going in abscondence nowhere showed that he had ever been suffering from any mental illness---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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