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BASHARAT KHAN versus STATE


Article 188 Determination Code (XLV of 1860), Section 302 Reassessment of the murder was not found to be appropriate for a re-examination of the case evidence, which meant a different conclusion on the question. No reviews allowed [review by Supreme Court]

1984 S C M R 1033(1)

Present : Aslam Riaz Hussain, Muhammad Afzal Zullah and Nasim Hasan Shah, JJ

BASHARAT KHAN ‑Petitioner

Versus

THE STATE‑Respondent

Criminal Review Petition No. 10‑R of 1983 in Criminal Petition 165‑R of 1982, decided on 11th December, 1983.

(Petition for review of the order dated 25th May, 1983, passed by this our in Criminal petition No. 165‑R of 1982).

Constitution of Pakistan (1973)--

‑‑Art. 188‑Penal Code (XLV of 1860), S.302‑Murder‑Review --Reappraisal of evidence‑Case not found fit for reappraisal of evidence meant to arrive at a different conclusion on questions fact‑Review not allowed ‑‑‑[Review by Supreme Court].

Sh. Zafar Mahmood. Advocate Supreme Court with Ch. Akhtar Ali, Advocate‑on‑Record Petitioner

Nemo for the State.

Date of hearing : 11th December, 1983.

ORDER

ASLAM RIAZ HUSSAIN, J

.‑This is a Review Petition against tic judgment of this Court dated 25‑5‑1983 in a murder case.

After hearing the learned counsel for the petitioner at length we fin that it is a frivolous petition because the grounds of review themselves show that all that the petitioner's counsel requires this Court to do was merely to reappraise the evidence and to reach a different conclusion on question of fact, to suit him. We have, however, already observed, after going through the impugned judgment in the light of the contentions raised the petitioner's counsel at the time of the hearing of the main petition that this was not a fit case for reappraisal of evidence.

This is consequently dismissed.

S.Q. Petition dismissed.

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