ok one last question

if i cast finger of death on a character before we engage in combat and he dies is it considered a win and if so do i get their objects or followers? if not then since i technically didnt encounter him do i encounter the space thus picking up the object or followers?

Thanks for the clarification

You still encountered the character, else you can't engage (or be about to engage in battle) with the character you zapped. As for rewards, counts as a kill in my book, you get the normal kill-rewards (that is, everything the other char had).

I would put Finger of Death under step 2 (Cast Spells) of the combat procedure (p. 10 and 11).