IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT:  
Mr. Justice Manzoor Ahmad Malik 
Mr. Justice Sardar Tariq Masood 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
Criminal Petition No.140-P of 2014 
(Against the judgment dated 15.10.2014 
passed by the Peshawar High Court, 
Peshawar in Criminal Appeal No.207 of 
2011). 
 
Nazeer Khan 
…Petitioner(s) 
 
VERSUS 
 
The State and another 
…Respondent(s) 
 
 
For the Petitioner(s) 
: Mr. M. Amjad Iqbal, ASC 
 
 
 
For the State 
: Mr. Anis M. Shahzad, ASC 
 
 
 
Date of Hearing 
: 10.06.2019 
 
JUDGMENT 
 
 
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 
Criminal Petition No.140-P of 2014 
 
 
 
 
 
 
2 
 
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. 
   
 
 
JUDGE 
 
 
 
JUDGE 
 
 
 
Islamabad, the 
10th of June, 2019 
Ghulam Raza/* 
JUDGE 
 
 
