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Petition for Special Leave to Appeal No. 264 of 1967, decided on 11th October 1967.

(On appeal from the judgment and order of the High Court of West Pakistan, Peshawar Bench, dated the 21st August 1967, in Criminal Appeal No. 38 of 1967).

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---‑‑Conviction‑Petition barred by one day‑Delay condoned as case involved capital sentence‑Points raised in petition merely going to appreciation of evidence‑No miscarriage of justice by ignoring legal requirements in appreciation of evidence shown‑Petition dismissed‑Constitution of Pakistan (1962), Art. 58(3).

Muhammad Akram Raja, Advocate Supreme Court, instructed by Salim Ahmad Malik, Attorney for Petitioner.

Nemo for the State.

Date of hearing: 11th October 1967.

The petition is barred by one day, but as the case involves the capital sentence, we condone the delay.

We have heard Mr. Muhammad Akram Raja, in support of the petition for special leave. The High Court has upheld the conviction of the petitioner on a murder charge and confirmed his sentence of death. The points raised by Raja Muhammad Akram merely go to the appreciation of the evidence on which the conviction rests. This Court normally does not undertake to re‑appraise the evidence which has been accepted by the courts below, unless it is shown that there has been a miscarriage of justice by ignoring some legal requirements in the appreciation of evidence. No such case has been made out in the petition which is dismissed.

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