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Constitution of Pakistan (1973) ----Art. 188 read with Supreme Court Rules, 1956, O. XXVI and Penal Code (XLV of 1860), S. 302 [Murder case] Contentions that eye witnesses in case were inimical to petitioner and that there was possibility that Investigating Officer might have found a cartridge from gun produced by accused petitioner and then sent gun and empty shell to Fire arms Expert for examination Held, involve appreciation of evidence which cannot be done at review stage Such contentions also do not constitute any ground for review as envisaged by Supreme Court Rules, 1956. [Review Evidence]. ORDER ASLAM RIAZ HUSSAIN, J. This review petition by Saeedur Rahman is directed against the dismissal by this Court of his Jail Petition (No. 80 R of 1978). The petitioner was tried by the learned Additional Sessions Judge, Abbottabad, for the murder of Abdur Rashid by firing at him with a shotgun. He was found guilty and sentenced, inter alia, to death. His appeal before the High Court failed. Thereafter, he filed a petition before this Court, through jail. The case was examined by two Judges of this Court and finding no merit in the petition the same was dismissed on 10th of March, 1979. The petitioner has now filed the present petition for review, through an Advocate. Briefly stated, the prosecution case is that on 24th of February 1977 at about 4 30 p.m. Muhammad Rafiq, P. W. brother of the deceased, who is a young boy studying in the 10th class, was basking in the sun on the roof of his house when he saw Saeedur Rahman accused petitioner firing at Abdur Rashid (deceased) with a shot gun. Abdur Rashid was hit and fell down and the petitioner ran away. He was seen running away with his shot gun by Muhammad Yaqub P. W. and Manzoor Elahi (not produced). Mohammad Rafiq ran to his uncle Ghulam Rahmani P. W. and informed him about the incident. The latter came to the spot and found Rashid lying dead. He then went to the police station and lodged the F. I. R. During the investigation an empty 12 bore shell was recovered from the spot. Saeedur Rahman accused petitioner was also arrested. He produced his licensed shot gun before the Investigating Officer. The Investigating…

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