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---Presence of eye-witnesses at the spot not doubtful---Accused was charged for committing murder of the sister of complainant by firing---Complainant explained that he was present at distance of 15 feet from the appellant and that when the appellant dragged the deceased, he came few feet forward, but when the deceased was fired at, the eye-witness rushed to the appellant and attempted to catch hold of him---Said witness further explained that during the struggle the shirt of the eye-witness was torn and the accused/appellant decamped from the spot---When the eye-witness was examined in that respect, she explained the circumstances, as were explained by the complainant---When the statements of these two witnesses were juxtaposed, this court could not come across the slightest variation between the two, rather the witnesses remained exact and accurate regarding the manner in which the incident occurred and regarding their individual responses at the time and after the incident---Said witnesses were asked regarding the remaining family members, who explained the same and when the Investigating Officer was asked as to why he did not record statements of the remaining inmates of the house, he explained that three of the brothers of the complainant were drivers by profession and were not available and that he did not record the statements of the remaining family members---Presence of the eye-witness could not be doubted, as it was she who attacked the appellant and it was during the scuffle that she got her shirt torn and the same was taken into possession by the Investigating Officer and the same was duly exhibited---Manner in which the circumstances were explained was so accurate and despite efforts the defence could not create even a small dent to persuade the mind of this Court otherwise---Incident occurred inside the house and as admittedly the dead body was hurriedly shifted to the police station, so the witnesses being inmates of the house were very much available and they accompanied the dead body from the spot to the police station---If an attempt was made to procure witnesses, then instead of female eye-witness the prosecution would have planted a male member from the house, but it did not---Attending circumstances of the present case left no ambiguity regarding the presence of the witnesses at the time of occurrence and at the time of report---As the incident occurred inside the house, so availability of identifiers in the hospital with the dead body was natural---Appeal against conviction was dismissed, in circumstances.

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

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