| Citation(s) |
|---|
| 1980 SLG 404 1980 SLD 404 1980 SCMR 907 |
Supreme Court of Pakistan
Criminal Review Petition No. 13 of 1980, decision dated: 15-06-1980. (On review from the order of this Court dated 22 10 1979 in Cr. P. 18 P of 1979).
ANWARUL HAQ, C.J., DORAB PATEL, MUHAMMAD AFZAL ZULLAH AND NASIM HASAN SHAH, JJ
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Criminal Review Petition No. 13 of 1980, decision dated: 15-06-1980. (On review from the order of this Court dated 22 10 1979 in Cr. P. 18 P of 1979).
ANWARUL HAQ, C.J., DORAB PATEL, MUHAMMAD AFZAL ZULLAH AND NASIM HASAN SHAH, JJ
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MAQBUL AHMED TABASSAM
VS
THE STATE
Law:
Section:
Constitution of Pakistan (1973)----Art. 188 Review sought amounting only to an attempt to obtain a rehearing of petition dismissed after a full consideration of evidence-¬Power of review, held, not intended for purpose of rehearing of case [Review by Supreme Court]. S. Safdar Hussain, Advocate on Record for Petitioner. Nemo for the State Date of hearing: 15th June 1980. ORDER ANWARUL HAQ, C. J This review petition had been dismissed for non prosecution on the 7th of April, 1980 for the reasons given in the Criminal Miscellaneous Petition No. 21 R/80, we restore the same, and proceed to dispose it of on merits. This petition seeks a review of the order of this Court dated the 22nd of October, 1979, by which Criminal Petition for Special Leave to Appeal bearing No. 18 P of 1979, was dismissed, and petitioner's conviction for the murder of one Muhammad Iqbal and his sentence of death as well as a fine of Rs. 10,000, were upheld. In support of this petition, it is submitted by Mr. S. Safdar Hussain that all the eye witnesses were related to each other and no independent witness bad come forward' to support the prosecution case although such persons were available y that the place of occurrence lay in a congested area and as the offence is alleged to have been committed in broad daylight, independent witnesses must have seen the crime, but they were not produced; that it does not stand to reason that the uncle of the petitioner should have come forward to give evidence against his own nephew as to an extra judicial confession made by him; that the confession was of dubious evidentiary value in the light of section 27 of the Evidence Act; that the statement of the accused relating to the exercise of the right of private defence has not been properly .examined; that even the recovery of the weapon of offence was not proved beyond reasonable doubt; and that the effect of…
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