ZAHIR ABBAS vs STATE Ss — 2026 YLR 978 PESHAWAR-HIGH-COURT

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ZAHIR ABBAS VS STATE Ss. 302(b), 354, 452 & 506---Qatl-i-amd, House-trespass after preparation for hurt, assault or wrongful restraint, assault or criminal force to woman with intent to outrage her modesty, criminal intimidation---Appreciation of evidence---Matter reported to the police within forty minutes---Promptness---Accused was charged for committing murder of the sister of complainant by firing---Unfortunate incident occurred at 04:00 p.m.; the matter was reported to the local police in the police station at 04:40 p.m., whereas the FIR was chalked out at 05:10 p.m., so apparently the matter was promptly reported---Incident occurred inside the house of the deceased and the matter was reported by the complainant i.e. brother of deceased and verified by the eye-witness i.e. sister of deceased---Complainant stated that on the day of incident he along with his family members was present in the house; that the accused/appellant entered the house, duly armed and warned them not to move and dragged the deceased towards the main gate of the house; that deceased resisted and the appellant fired at her; that after receiving firearm injuries the deceased fell on the ground; that eye-witness/sister of deceased wanted to catch hold of the accused and during struggle her shirt was torn and accused decamped from the spot---Dead body was shifted to the police station, where the matter was reported---Eye-witness narrated the events which led to the tragic incident and she also supported the report of the complainant---Said witnesses were put to the test of searching cross-examination, but the witnesses remained consistent on material aspects of the case---In this particular case it was not only the eye-witness account which was taken into consideration, rather the official witnesses also remained consistent in respect of shifting of dead body from police station to the hospital and in respect of the time at which the matter was reported, the documents were prepared and the dead body was received by the Medical Officer---Complainant disclosed that during the days of incident he was posted in Frontier Constabulary and it was on an official visit that he accompanied his high-ups and it was on their permission that he visited his house on 27.12.2018 and remained there---Said witness disclosed that it was 04:00 p.m., when the accused/appellant entered the house, wanted to take away the deceased, but on her resistance she was done to death---As the dead body was hurriedly shifted to the police station and the matter was reported within 40 minutes of the occurrence, so the prompt report by itself confirmed that no consultation and no deliberation was made---Appeal against conviction was dismissed, in circumstances.

ZAHIR ABBAS vs STATE Ss — 2026 YLR 978 PESHAWAR-HIGH-COURT

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