Case Details

Citation(s)
1991 SLG 781 1991 SLD 781 1991 SCMR 102
Supreme Court of Pakistan
Criminal Review Petition No.1 of 1990, decision dated: 23rd August, 1990 (For Review of this Court order dated 21-3-1990 in Criminal Petition No.145-R of 1989)
SHAFIUR RAHMAN, ABDUL QADEER CHAUDHRY AND AJMAL MIAN, JJ

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SHAUKAT HAYAT

THE STATE

Law:

Section:

(a) Constitution of Pakistan (1973)------Art.188---Supreme Court Rules, 1980, OXXVI, R.1---Penal Code (XLV of 1860), S.302---Review---Typographical mistakes occurring in the order of Supreme Court were duly corrected. (b) Constitution of Pakistan (1973)--Art.188---Penal Code (XLV of 1860), S.302---Review---All the alleged errors pointed out in the order of Supreme Court refusing leave to appeal to accused/petitioner were actually not errors and the facts had rightly been stated in the order on the basis of the record of the case---Petition was dismissed after considering the pieces of evidence against the petitioner---Review petition was accordingly dismissed. ORDER ABDUL QADEER CHAUDHRY, J.---The petitioner has moved this application seeking review of the order of this Court dated 21-3-1990 passed in Criminal Petition No.145-R of 1989. 2. The petitioner was convicted by the trial Court under section 302, P.P.C. etc. His appeal before the High Court was dismissed and leave to appeal was refused by this Court on 21-3-1990. 3. Learned counsel for the petitioner submitted that there are two typing mistakes in para.2 of the judgment. The deceased Asma was mentioned as Azra and Haji Ghulam Muhammad Soomro has been mentioned as Ghulam Sarwar. These are only typographical mistakes and they are corrected accordingly. 4. The learned counsel next submitted that there are certain errors which are apparent on record and such errors have resulted into miscarriage of justice and the finding on such errors needs re-examination by this Court. He has referred to the first error, that while mentioning the facts, it has been stated that "the complainant himself saw the car speedily taking turn in the street". The learned counsel submitted that such statement was not made by the complainant at the trial. He referred to the statement made in Court wherein the complainant stated that "my father's dead body was lying. Many including Syed Sibt-e-Hassan on query told us that they had seen white Charade car coming from the side of my house with high speed". . 5. The statement of the complainant is to be read in the light of the statement of P.W. 4 Saiful Islam who deposed that:-- "On…
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