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Petitioner: ABDUR RAZZAQUE VS Respondent: STATE
1987 S C M R 341
1987 S C M R 341
Present: Aslam Riaz Hussain; Javid Iqbal and Ali Hussain Qazilbash, JJ
ABDUR RAZZAQUE‑‑Petitioner
Versus
THE STATE Respondent
Criminal Petition for Special Leave to Appeal No. 15 .of 1984, decided on 4th November, 1986.
(Against the judgment of the Lahore High Court, Lahore, dated 4‑12‑1983, passed in Criminal Appeal No. 747 of 1980 and Murder Reference No. 186 of 1980)
Constitution of Pakistan (1973)‑
‑‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), S. 302‑‑Petition against conviction‑‑Re‑appraisal of evidence‑‑Arguments raised amounting to request for re‑appraisal of evidence on finding of facts arrived at by two Courts below‑‑Case being not fit one for interference, leave to appeal refused.
Ijaz Hussain Batalvi, M.A. Zafar, Advocates Supreme Court with Muhammad Aslam Chaudhry, Advocate‑on‑Record for Petitioner.
Nemo for State.
Date of hearing: 4th November, 1986.
ORDER
ASLAM RIAZ HUSSAIN, J.‑‑ Abdur Razzaque petitioner was tried and convicted of the murder of Muhammad Sadiq and was sentenced, inter alia, to death. His appeal was dismissed by the High Court and his sentence of death was confirmed.
2. Feeling aggrieved he has come up to this Court for grant of leave to appeal.
3. We have heard the learned counsel for the petitioner at considerable length and have gone through the relevant passages of the impugned judgment and the evidence with his assistance. We notice that the arguments raised by him merely amount to a request for reappraisal of the evidence for reversal of finding of facts arrived at by the two Courts below.
4. After carefully considering the portions of the evidence and the judgment referred to by the learned counsel we do not think this to be a fit case for that purpose. The petition is, therefore, dismissed.
M.I. Petition dismissed.