Law:

Section: 188

Constitution of Pakistan (1973) Art. 188-Substance of argument as raised during review proceed ing dealt with in main case both- on question of principle as also details-Attempt made in review proceedings for re-hearing of case, in garb of review petition-Conditions laid down for review in P L.D 1979 S C 741 being not satisfied, petition for review dismissed Supreme Court Rules, 1956, O. XXVI.-[Review] Date of hearing : 5th December, 1979.                                                                                                                                    ORDER MUHAMMAD AFZAL ZULLAH, J.-Review is sought of the order. dated 16th October, 1977, whereby petitioner leave to appeal petition against his conviction for murder and sentence of death was dismissed. The petitioner was accused of causing injuries to two persons Mohammad Rafiq deceased and his brother Mohammad Asghar P. W. with a knife which was recovered from him after his arrest. In addition to murder the petitioner was also charged of attempted murder, regarding Mohammad Asghar P. W. The learned trial Judge acquitted him of this latter charge because "no independent or circumstantial corroboration is forthcoming. The prosecution even did not care to examine the doctor who medically examined Mohammad Asghar P. W. in order to substantiate the- injury." He was, therefore, given benefit of doubt regarding offence under section 307, P. P. C. Notwithstanding this acquittal the learned Judge held Mohammad Asghar as reliable witness, amongst others for the reason, that he being himself injured, his presence at the scene of occurrence was established. The learned counsel has urged the ground that although the contention raised with regard to the above-noted seeming inconsistency in the approach of the learned trial Court was raised in the grounds of the leave…