Nazeer Khan vs The State and another
This is a criminal petition for leave to appeal arising from a conviction for homicide. The petitioner, Nazeer Khan, remained an absconder from January 1992 until his eventual trial, conviction, and sentencing by an Additional Sessions Judge in 2011 for the murder of Nisar Muhammad over a land dispute. The conviction was subsequently upheld by the Peshawar High Court in October 2014. The core legal question before the Supreme Court was whether the prosecution had successfully established the petitioner's guilt beyond reasonable doubt, relying upon the deceased's dying declaration corroborated by medical and ocular evidence, notwithstanding the prolonged absconsion of the accused. The Supreme Court of Pakistan held that the dying declaration was straightforward, confidence-inspiring, and fully corroborated by the medical evidence and ocular account. The Court further noted that the petitioner's prolonged absconsion was without justification and that he had already been dealt with leniently by the lower courts given his advanced age. Consequently, the Court laid down the principle that a reliable and consistent dying declaration, when duly supported by corroborative evidence, forms a sufficient basis for a murder conviction, and the petition was dismissed with leave to appeal refused.
- Is a dying declaration sufficient to sustain a conviction for murder when supported by medical and ocular evidence?
- Does prolonged absconsion without justification weigh against an accused person in criminal proceedings?
- Whether the Supreme Court will interfere with concurrent findings of fact by the lower courts when the judgment is well within the remit of law and facts?
Qazi Muhammad Amin Ahmed, J.- In the wake of absconsion, commencing from January 1992, Nazeer Khan, petitioner, accused in a case of homicide, was finally tried by a learned Additional Sessions Judge at Kohat, in the year 2011; he stood convicted and sentenced vide judgment dated 15.3.2011, upheld by a learned Division Bench of the Peshawar High Court vide impugned judgment dated 15.10.2014.
On the fateful day i.e. 22.1.1992 at about 1.30 p.m., over a dispute of land, the petitioner shot Nisar Muhammad, whereas his brother, Jan Muhammad, targeted Ghaffar Gul, PW; the former succumbed to the injuries leaving behind his last declaration pointed upon petitioner's culpability; his brother though exonerated from being in the community of intention, nonetheless, was held guilty for murderous assault; he was convicted and sentenced without challenge. Upon petitioner 's arrest, the same prosecution evidence has been pressed into service to drive home the charge.
2. Though wounded critically , the last declarant was found by the medical officer well within capacity to share details of the incident, a narrative found by us as straightforward and confidence inspiring besides being in harmony with ocular account and medical evidence. Petitioner's absence from law sans any justification. Given petitioner's advance age, he has already been dealt with leniently. Impugned judgment being well within the remit of law as well as facts applicable thereto does not call for interference. Petition is dismissed and leave to appeal refused. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
Cited by 2 cases
- The State, Zeeshan Ali vs Zeeshan Ali, The State, etc, 2024 LHC 5065, PLJ 2025 Cr.C. 15
- Zeeshan Ali and others vs The State and others 2025 YLR 822