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

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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--- Ocular account---Accused was charged for committing murder of his father and also causing injury to the complainant by firing---Motive behind the occurrence was stated to be frequent quarrels of accused with his deceased father---Ocular account was furnished by the complainant and an eye-witness---Said witnesses were examined before the Trial Court---From critical analysis of their statements, it appeared that their testimonies were trustworthy, confidence inspiring and unimpeachable, as on all the material points they had remained consistent---Testimonies of said witnesses were also in line with the initial prosecution version---Occurrence had taken place on 10.07.2016, whereas both the said eye-witnesses were examined by the prosecution after a considerable time on 30.04.2019 before the Trial Court---Despite that both the said witnesses were in conformity with each other qua time and place of occurrence beside being unanimous regarding all other events having relevancy with the incident---Despite of confronting the eye-witnesses, during their cross-examination by the defence in very hectic and confusing manner, they had successfully explained the respective points assigned to them, the deceased and other inmates of the house in the site plan qua their presence on the spot at the relevant time of the occurrence---Circumstances established that the prosecution had proved its case against the accused beyond reasonable doubt---Appeal against conviction was dismissed accordingly. Head NotesCase Description

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

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