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Petitioner: MUHAMMAD SIDDIQUE VS Respondent: THE STATE and another
Court Name: Supreme Court of Pakistan Judge(s): Ghulam Mujaddid Mirza, Muhammad Afzal Zullah, Syed Usman Ali Shah Title: MUHAMMAD SIDDIQUE vs THE STATE and another Case No.: Criminal Petition No, 351 of 1987 Date of Judgment:1989-06-20 Reported As: 1990 SCMR 291 Result: Petition dismissed
JUDGMENT
JUDGMENT ' GHULAM MUJADDID, J.--Petitioner is aggrieved by the judgment of the Lahore High Court, dated 21- 9-1987 whereby the death sentence awarded to the respondent was not confirmed; his appeal was allowed and he was acquitted. He accordingly seeks leave to appeal against the aforesaid judgment. ' The High Court after discussing the relevant evidence with special reference to the ocular version observed that the witnesses had not seen the occurrence. It was further found that the ocular account was in conflict with the medical evidence. ' Learned counsel for the petitioner submitted that the High Court erred in law in holding that the prosecution witnesses had not seen the occurrence simply because they did not intervene at the time of occurrence. This submission has no force unless the learned counsel could point out any misreading or non- reading of any evidence. This he has not been able to do and as far as the appreciation of evidence is concerned, that is exclusively the domain of the High Court. We are not going to reappraise the evidence. The petition is accordingly dismissed.