Law: Penal Code (West Pakistan Amendment) Act, 1964

Section: 302(b)

Law: Constitution of Pakistan, 1973

Section: 185(3)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Constitution of Pakistan, 1973, Art. 185(3)—Constitutional petition--Conviction and sentence--Challenge to--Offence of murder--Leave to appeal--Both trial Court and High Court have concurrently recorded their findings of fact as to culpability of petitioner, after a thorough examination of prosecution evidence--Held: It is a well-settled principle in regard to exercise of discretionary jurisdiction vested in this Court under Article 185(3) of Constitution of Islamic Republic of Pakistan 1973, that in matter of granting leave to appeal, this Court does not function as an ordinary Court of appeal, and in order to justify grant of leave to appeal it must be shown that case involves some important question of law or impugned finding of fact is result of gross misreading or non-reading of material evidence or is so shocking or improbable that no reasonable person could have arrived at it on basis of evidence available on record of case--Counsel for petitioner has not been able to point out any misreading or non-reading of material evidence that could justify interference with concurrent findings of fact, nor does case involve any important question of law for determination by this Court--The leave to appeal is therefore declined and petition, dismissed. PLD 1973 SC 469, 1975 SCMR 149, 2010 SCMR 1697, 1990 SCMR 291, PLD 2012 SC 421 & AIR 1979 SC 1284. ORDER Syed Mansoor Ali Shah, J.--Through the present jail petition for leave to appeal, the petitioner impugns the judgment dated 31.01.2018 of the Lahore High Court, whereby the appeal of the petitioner filed against the judgment of the trial Court has been dismissed. The trial Court had convicted the petitioner for the offence of committing murder of the complainant’s son, Muhammad Ilyas, and sentenced him to imprisonment for life, under Section 302(b), P.P.C. 2. Learned counsel for the petitioner submits that one Rasool Bakhsh, not Ghulam Rasool, was mentioned in the FIR to have caused the injury to the deceased (Muhammad Ilyas) and there is no explanation on record of the case that the petitioner, Ghulam Rasool, is the same person mentioned in the FIR as…

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