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Civil Review Petition No. S‑R of 1983, decided on 6th December. 1984.
(From the judgment of this Court, dated 27th February, 1983, in Cr. A. No. 66 of 1980).
---Art. 185(3)‑Supreme Court Rules, 1980, O. XIV‑Penal Code (XLV of 1860), Ss. 310, Exception II & 304‑Murder‑Sentence‑Review Appeal of accused‑petitioner dismissed by Supreme Court‑No justifi cation made out for review on any of grounds‑Petition dismissed.
Ijaz Hussain Batalvi, Senior Advocate Supreme Court and Muhammad Asian: Chaudhry, Advocate‑on‑Record (absent) for Petitioners.
Ch. Akhtar Ali, Advocate‑on‑Record (absent) for Respondent No. 1.
Ejaz Ahmad Khan, Advocate‑on‑Record (absent) for the State.
Date of hearing : 6th December, 1983.
.‑Learned counsel assuming the findings of fact as they are made an attempt to argue that in a murder case when an accused is allowed the benefit of Exception 2 to section 300, P. P. C. and is thus found guilty of an offence under, section 304, P. P. C., the conviction should be under the second part of the said provision and not under the first part. But after availing opportunity of going through some of the judgments of this Court he did not, press this point any further and instead sought the review on ground of sentence only.
In the circumstances no justification has been made for review on any of the grounds. This petition is accordingly dismissed.
S . Q Petition dismissed.
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