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MUHAMMAD ANWAR versus STATE


Article 2 (185) Appeal for leave to appeal Only for the re-evaluation of the evidence raised by the defendants to reach another conclusion on the decision regarding the finding of money. Reached through the courts listed.

1986 S C M R 238

Present: Aslam Riaz Hussain Nasim Hasan Shah and S. A. Nuarat, JJ

MUHAMMAD ANWAR and others‑‑Petitioners

versus

THE STATE‑‑Respondent

Criminal Petition for Special Leave to Appeal No. 33‑R of 1985, decided on 9th October, 1985.

(Against the judgment of the Lahore High Court, Lahore dated 25‑3‑1985 passed in Criminal Appeal No. 509 of 1982).

Constitution of Pakistan (1973)‑‑

‑‑‑Art. 185(3)‑‑Petition for leave to appeal‑‑Contention raised by accused only amounting to a request for reappraisal of evidence to reach a different conclusion on question of fact from conclusion arrived at by Courts below‑‑Case being not appropriate for reappraisal of evidence, leave refused.

Maulvi Sirajul Haq, Advocate Supreme Court with M. Afzal Siddiqi, Advocate‑on‑Record for Petitioners.

Nemo for the State.

Date of hearing: 9th October, 1985.

ORDER

ASLAM RIAZ HUSSAIN. ACTG. C.J.‑

‑The petitioners seek leave to appeal against the judgment of the High Court dated 25‑3‑1985, dismissing their appeal in a murder case.

2. We have heard the learned counsel for the petitioners at some length and gone through the impugned judgment. The contentions raised by him only ‑amount to a request for reappraisal of evidence to reach a different conclusion on question of fact, different than those arrived at by the learned Courts below. We do not consider this appropriate case for reappraisal of evidence. The petition is, therefore, dismissed.

M. Y. H . Petition dismissed.

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