Nasir alias Nasiree vs The State
This criminal petition arises from a conviction for murder and murderous assault following an election-related incident in 2006. The petitioner, Nasir alias Nasiree, challenged his conviction under Section 302(b) of the Pakistan Penal Code, 1860, which had been upheld by the High Court, reducing his death sentence to life imprisonment. The core legal questions concerned the reliability of the ocular testimony, the impact of the petitioner's prolonged absconsion, and the sufficiency of evidence regarding identification in a night-time occurrence. The Supreme Court dismissed the petition, holding that the ocular account, supported by an injured witness and consistent with the site plan, provided proof beyond reasonable doubt. The Court affirmed that the survival of a witness unscathed does not inherently undermine their credibility, and that prolonged absconsion reflects negatively on a plea of false implication. The Court concluded that the concurrent findings of the lower courts were based on a safe administration of criminal justice, finding no grounds to interfere with the conviction, thereby upholding the petitioner's culpability.
- Does the survival of a witness unscathed during an assault automatically undermine their status as a credible witness?
- Can a conviction be sustained based on ocular testimony in a night-time incident where identification is challenged?
- Does a prolonged period of absconsion by an accused weaken a plea of false implication?
- Are concurrent findings of lower courts regarding criminal culpability subject to interference if they align with the safe administration of justice?
- Section 302(b), Pakistan Penal Code 1860
ORDER
Qazi Muhammad Amin Ahmed, J.
Criminal Petition No.1 149-L of 2017: Rizwan Ahmed, deceased, 20, alongwith Shakil Masih, injured (PW-2), in the backdrop of an election rivalry , were waylaid within the precincts of Police Station Tatleyali, District Gujranwala at 9:30 p.m. on 11.2.2006; Shahbaz Ahmed (PW-1) lodged report with the police at 10:30 p.m. wherein the petitioner as well as Qaisar Mehmood and Parvez, supported by two companions, untraced till date were arrayed as suspect. The petitioner , attributed a fatal shot to the deceased, stayed away from law whereas Qaisar Mehmood and Parvez Ahmed co-accused, assigned opening shots to the deceased and Shakil Masih (PW-2), respectively , were tried in his absence; convicted for homicide and murderous assault, they were sentenced to imprisonment for life and 10-years rigorous imprisonment; the former died during pendency of the case whereas the latter served out his sentence, reduced by the High Court. After arrest, the petitioner was convicted under clause (b) of section 302 of the Pakistan Penal Code, 1860, vide judgment dated 13.03.2012 by a learned Addl. Sessions Judge at Gujranwala; he was sentenced to death, altered into imprisonment for life vide impugned judgment dated 08.06 .2016, vires whereof, are being assailed on the grounds that petitioner 's absconsion notwithstanding, there was no occasion for visiting him with a guilty verdict in a night affair with identity issue, looming large on the scene, merely on the strength of a misconceived and misplaced suspicion, rooted into a past motive that had long withered away . It is next argued that inconsequential recovery without any forensic comparison was entirely beside the mark and, thus, in absence of any corroboration, it was unsafe to place implicit reliance on a flawed ocular account. Learned Law Officer, assisted by counsel for the complainant, has faithfully defended the judgment.
2. Heard. Record perused.
3. Survival of Shahbaz Ahmed (PW-1) unscathed during the assault, by itself, cannot imply his absence from the scene and as such does not undermine his status as a witness worthy of credence; a closely related resident of the locality , his encounter with the deceased and the injured in the neighbourhood, does not raise eyebrows; steps taken by him after the incident are inconsonance with the investigative details and, thus, confirmatory to his presence. A somewhat lengthy cross-examination failed to tremor his testimony , substantially in line with the ocular account furnished by two other witnesses that included an injured as well; it squarely constitutes "proof beyond doubt" , admitting no hypothesis other than petitioner 's guilt whose absence from law for a period exceeding three years does not brilliantly reflect upon his unsupported plea of false implication; in retrospect, it also indemnifies the impact of inconsequential recovery of a .30 caliber pistol (P-4), otherwise found consistent with the contours of the fatal shot. Available source of light vividly shown in the site plan, in the given proximity inter se the parties, the issue of identification, blown out of proportion, least compromises preponderan ce of overwhelming evidence, inescapably pointed on the culpability of the accused, each judicially taken to the task. Concurrent conclusions by the courts below , on our own independent analysis, have been found by us, well within the remit of safe administration of criminal justice and, thus, call for no interference. Petition fails. Leave declined.
Criminal Petition No.905-L of 2016 Learned counsel for the petitioner seeks withdrawal of this petition. Dismissed as withdrawn.