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Criminal Petition No. 87‑R of 1985, decided on 7th April, 1986.
(On appeal from the judgment and order of the Lahore High Court, Lahore, passed in Criminal Appeal No. 204 of 1982, dated 10th December, 1984).
‑‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), Ss. 302/34 & 307/34‑‑Petition for leave to appeal‑‑Prosecution proving charges against accused beyond any shadow of doubt‑‑Counsel for accused merely seeking a reappraisal of evidence on record to reopen findings of facts arrived at by Courts below‑‑Case not fit for grant of leave to appeal for that purpose‑‑Petition dismissed.
Muhammad Ilyas Siddiqui, Advocate Supreme Court with Khan Imtiaz Muhammad Khan, Advocate‑on‑Record for Petitioners.
Nemo for the State.
Date of hearing: 7th April, 1986.
The petitioners seek leave to appeal against the judgment of the Lahore High Court, Lahore, dated 10‑12‑1984 dismissing their appeal in the case under section 302/34, P.P.C. and 307/34, P.P.C.
2. We have heard learned counsel for petitioners and have also gone through the impugned judgment. We are of the view that the prosecution has been able to prove the charges against the accused/petitioners beyond any shadow of doubt. The learned counsel merely seeks a reappraisal of the evidence on the record requiring us to reopen the findings of facts arrived at by the Courts below. Having gone through the impugned judgment, we feel that this is not a fit case for grant of leave to appeal for that purpose. The petition is consequently dismissed.
M . Y . H . Petition dismissed.
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