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Criminal Review Petition No. 7‑R of 1977, decided on 11th July 1978.
(On review of the order of the Court dated 31st May 1977, in Criminal Appeal No. 16 of 1976).
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---Art. 188 read with Supreme Court 1Rules, (1956, O. XXVI‑Review (criminal)‑Contention of petitioner not amounting to error patent on face of record to justify reversal of conclusion emanating from consideration of material on record‑Petition found without merit and dismissed.‑[Review].
M. B. Zaman, Senior Advocate and Rana Maqbool Ahmad Qadri, Advo cate‑on‑Record for Petitioner.
Nemo for the State.
Date of hearing : 11th July 1978.
‑The petitioners seek review of this Court's judgment dated 31st of May, 1977, by which Criminal Appeal No. 16 of 1976 was dismissed.
The learned counsel for the petitioners invited our attention to a paragraph of the majority opinion which is at page 29 of the paper book to contend that in concluding that Roshan Din and the deceased Abdul Sattar would have passed by the shop of the petitioners was not the only hypothesis as in the dissenting opinion a view beneficial to the petitioners was taken and, therefore, the petitioners are entitled to the benefit of a reasonable doubt. But we fail to see as to how this argument can be regarded as an error patent on the face of the record to justify the reversal of the conclusion which emanated from the consideration of the material on record. Accordingly, this contention which is devoid of any principle has no substance.
It was next contended that having rejected the ocular evidence, the yiiig declaration, and the evidence of Roshan Din, in some respects, corroboration was necessary in respect of the participation of the petitioners. In this connection he contended that as none was available against Nur Hussain his case was on a different footing and, therefore, he was entitled to the benefit of doubt. According to the prosecution, Nur Hussain was armed with a Rambi and injuries Nos. 13 and 16 on the deceased are those which were caused with it. Therefore, this could seemingly provide a corroboration of his participation in the crime. This contention also suffers from the same defect as the first as it fails to point to an error patent on the face of the record.
Accordingly, this petition has no merit and is dismissed.
Petition dismissed.
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