MUHAMMAD IQBAL Versus STATE

ORDER

1. NASIM HASAN SHAH, J.‑‑ Muhammad Iqbal, petitioner, was tried alongwith Zulfiqar son of Muhammad Bakhsh, Waryam son of Maula Bakhsh, Haitam son of Pehlwan and Qaim son of Maula Bakhsh for the murder of Rustam Ali deceased.

2. The learned trial Judge vide his judgment dated 24‑5‑1981 sentenced Muhammad lqbal, petitioner, to death with a fine of Rs.5,000 each or in default of payment of fine to undergo one year R.I. Zulfiqar son of Muhammad Bakhsh was also sentenced to death by the trial Court. However, Waryam son of Maula Bakhsh, Haitam son of Pehlwan were sentenced to life imprisonment while Qaim son of Maula Bakhsh was acquitted. On appeal and reference to the High Court, Zulfiqar, Waryam and Haitam were acquitted but the conviction and sentence of Muhammad Iqbal, petitioner, was upheld. Hence this petition for leave to appeal.

3. We have heard the learned counsel for the petitioner at considerable length and gone through the relevant portion of the evidence, as also the impugned judgment with his help. All that the petitioner's counsel seeks is the re‑appraisal of evidence on questions of fact.

4. Having considered his submission in the light of the evidence on record and the observations of the Courts below we do not consider this case to be a fit one for undertaking that exercise. The petition is, accordingly, dismissed.

5. M. I. Petition dismissed.