Law:

Section:

Supreme Court Rules, 1980---O. XXVI, R. 1---Review of Supreme Court ---Scope---Remedy of review could not be sought as a matter of right, as it was a discretionary relief---Order XXVI, R.1 of Supreme Court Rules, 1980 provided that power of review was to be exercised in a criminal proceedings on the ground of an error apparent on the face of the record---Review proceedings were neither in the nature of re-hearing of the whole case nor were same an appeal against the under review---Supreme Court, in criminal matters, would not interfere in review with the quantum of sentence, if same was legal and had been imposed or upheld after due consideration of all the relevant circumstances---In absence of any illegality or infirmity in the impugned order, review petition was dismissed. Faqir Muhammad Khan's case PLD 1973 SC 110 and Muhammad Zafarullah Khan's case PLD 1975 SC 300 ref. JUDGMENT CH. IJAZ AHMED, J.--- Petitioners have sought review of the impugned judgment, dated 26-6-2006 on the following grounds:-- (1) The learned counsel for the petitioner submits that eye-witnesses in the case in hand were chance witnesses who had failed to provide sufficient material on record qua their presence at the place of occurrence coupled with the fact that eye-witnesses did not belong to the village where in the incident had taken place. The eye-witnesses belong to different villages which are at a distance of 4 and 5 kilometers from the place of occurrence. (2) Incident had taken place all of sudden and this fact was not considered in the impugned judgment. (3) Ocular account was not corroborated by any piece of evidence on record. (4) Motive alleged by the prosecution was not proved by the prosecution. (5) Petitioners are real brothers and sentenced to death each by the Courts below including this Court in the impugned judgment is very harsh. (6) In view of the circumstances there is sufficient material on the record to award lesser punishment to the petitioners. 2. We have given our anxious consideration to the contention of the learned counsel of the petitioners and perused the record. It is an admitted fact that incident in question had taken place at 6-30 p.m. on…

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