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Criminal Review Petition No. 5‑R of 1977, decided on 5th October 1978.
(On review from the order of the Court dated 29th March 1977 in Cr. P. No. 121‑R of 1976).
----Art. 188‑Review‑Contentions relating to reappraisal of evidence‑ Cannot furnish ground for review‑Evidence led at trial conclusively pointing to petitioner's guilt and such conclusion not materially affected by discrepancies in statements of witnesses‑No sufficient cause for review, held, made out.‑[Review‑Evidence].
Nemo for Petitioner.
Nemo for the State.
Date of hearing :5th October 1978.
.‑No one appeared for the petitioner but we have examined the petition on merits which is against our order dated 29th of March 1977, refusing to grant special leave to appeal to him.
The points taken in the petition are that on the same evidence which was discrepant and not accepted against the co‑accused, the petitioner was nevertheless convicted; that the injuries on the petitioner which were stated to have been caused by a stick were not given proper consideration; and that in the absence of motive it was a sudden fight and the petitioner was entitled to act in self‑defence. These contentions relate to re‑appraisal of evidence which cannot furnish ground for review and suffice it to so that the evidence led at the trial conclusively pointed to the guilt of the petitioner which conclusion was not materially affected by the discrepancies in the statements of the witnesses. Even the injuries on the petitions received due consideration by this Court and the same opinion, as held by the Courts below, was expressed as the Danda alleged to have been used was not secured from the spot nor was the petitioner able to make out case of self‑defence for the knife alleged to have fallen from the hand of the deceased was not seized.
In the circumstance we do not find any merit in this review petition which is dismissed.
Petition dismissed.
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