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Petition for Special Leave to Appeal No. 141 of 1968, decided on 27th May 1968.

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 28th March 1968, in Criminal Revision No. 993 of 1966).

S. 307 Special leave to appeal to Supreme Court against conviction prayed for on questions resting merely on appreciation of evidence‑Re‑appraisal of evidence, held, not function of Supreme Court‑Leave refused‑Constitution of Pakistan (1962), Art. 58(3).

S. Muhammad Ali Zaidi, Advocate Supreme Court instructed by S. Inayat Hussain, Attorney for Petitioners.

Nemo for the State.

Date of hearing: 27th May 1968.

The two petitioners, Gulzar and Muhammad Hussain, were convicted under section 307/109 of the Pakistan Penal Code, by the trial Magistrate, who sentenced the former to three years' rigorous imprisonment and the latter to four years' rigorous imprisonment. On appeal, the convictions of the petitioners were upheld, but the sentence of Gulzar was reduced to that of six months' rigorous imprisonment. Otherwise the order of the trial Magistrate was left unmodified. The petitioners challenged their convictions and sentences by a revision petition in the High Court of West Pakistan but were un successful. They now seek special leave to appeal from the order of the High Court.

The questions raised for consideration by Mr. Muhammad Ali Zaidi merely go to the appreciation of the evidence on which the convictions of the petitioners rest and which has been accepted as trustworthy by the Courts below. This Court normally does not undertake re‑appraisal of the evidence which has found acceptance as reliable by lower Courts. No point of law such as would justify grant of special leave to appeal in this case arises for consideration and we dismiss the petition.

Leave refused.

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