Law:

Section:

(a) Constitution of Pakistan (1973) -----Art. 188 Review Some of grounds raised in review petition not raised in petition for leave to appeal nor urged at hearing of that petition while others not argued in manner sought to be agitated during hearing of review petition Petition for review, held, could normally be disposed of on short ground of not attracting review jurisdiction but case being one of upholding of death sentence counsel for petitioner given opportunity of being heard. [Review]. (b) Constitution of Pakistan (1973) -- ----Art. 188 Review Due notice taken of argument regarding non establishment of motive for crime on petition for leave to appeal Argument regarding age of accused also met and question being one of fact not determinable in review jurisdiction Another contention relating to ocular evidence of a prosecution witness also disposed of in earlier petition Nothing urged to incline Supreme Court to differ with earlier finding Petition dismissed. [Review]. ORDER NASIM HASAN SHAH, J. This is a petition for review of the order of this Court dismissing the petitioner's petition for leave to appeal (Cr. P. S. L. A. No. 45 of 1977) which had arisen out of the decision of the Lahore High Court confirming the death sentence awarded to t he petitioner by the trial Judge. The case was one of broad daylight murder and the conviction and sentence of the petitioner was maintained by us on the basis of the dying declaration made by the deceased who was removed to the Hospital shortly after the occurrence; this was corroborated by the motive and ocular testimony of Ghulam Yasin P. W. The facts are stated in some detail in our order under review and need not be repeated. Rana Mohammad Sarwar, learned counsel for the petitioner, wishes us to maintain this petition for review on the grounds: (a) this Court erred in thinking that the motive stood established and ignored the statement of Jaffar Hussain, Sub Inspector (P. W. 15) and Exhs. DA, DB and DC in this connection; (b) the motive not being established the question of sentence needed consideration, but this Court had failed to do so; moreover, there were extenuating circumstances such as the youth of the…

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