Case Details

Citation(s)
1989 SLG 888 1989 SLD 888 1989 PLD 1
Supreme Court (AJ&K)
Criminal Review Petition No.52/M.R. of 1983, decision dated: 26th February 1984. (Review petition against the judgment of the Supreme Court dated 30-1-1983 in Criminal Appeal No.16/M.R. of 1981)
RAJA MUHAMMAD KHURSHID KHAN, C, J

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SABIR HUSSAIN alias TONCHI

VS

THE STATE

Law:

Section:

(a) Azad Jammu and Kashmir Supreme Court Rules, 1978--------------O.XLVI, R.1--Civil Procedure Code (V of 1908), O.XLVII, R.1--Review of by Supreme Court--Requirements--Power of review in criminal proceedings is to be exercised on the ground of error apparent on the face of the record and in civil proceedings on grounds similar to those as contained in O.XLVII, R.1, Civil Procedure Code, 1908--Mistake or error apparent on the face of the record is a ground common to both the civil and criminal proceedings. (b) Azad Jammu and Kashmir Supreme Court Rules, 1978------- ---O.XLVI, R.1--Ground for review--Phrase "apparent on the face of the record" connotes that error must be so manifest and so clear that to keep such an error on the record has the effect of perpetuating visible injustice--Error, either of fact or law must be an error which is self-evident and does not require elaborate discussion. (c) Azad Jammu and Kashmir Supreme Court Rules, 1978------- ---O. XLVI, R.1--Review in criminal matters when to be permissible-­Finality attaches to s delivered by Supreme Court, which stands at the apex of judicial hierarchy--Review proceeding is neither in the nature of re-hearing of the whole case nor it is appeal against the under review--To embark upon reiteration of the same contentions as were advanced at the time of hearing of appeal but were considered and repelled in under review, would not be permissible--Supreme Court in criminal matters would not interfere in review with the quantum of sentence where a legal sentence had been imposed or upheld after due consideration of all relevant circumstances--Review petition being devoid of merit was dismissed. (d) Words and phrases------ ---Expression "error on the face of record"--Connotation. Raja Lehrasap Khan for Petitioner. ORDER This petition seeks review of the judgment of this Court dated the 30th January, 1983, whereby the criminal appeal No.16/M.R. of 1981, filed by the petitioner Sabir Hussain herein, was dismissed and conviction and sentence of death recorded against him by the Azad Jammu and Kashmir High Court on 13-5-1979 under section 302 Penal Code were upheld and confirmed. 2. Raja Lehrasap Khan, the…
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