ALLAH YAR Alias YARA And Others vs The STATE
This matter arises from a petition for leave to appeal filed by Allah Yar alias Yara and others against the judgment of the Lahore High Court, which convicted the petitioners under Section 302/34 of the Pakistan Penal Code. The core legal question before the Supreme Court was whether it is appropriate to reappraise evidence and reverse concurrent findings of fact arrived at by the courts below in a petition for leave to appeal. The Supreme Court held that it is not proper to enter into the exercise of reappraising evidence and reversing findings of facts under the circumstances. The petition was accordingly dismissed as having no force. The key principle laid down is that the Supreme Court will not ordinarily reappraise evidence or interfere with concurrent findings of fact of lower courts in criminal petitions seeking leave to appeal.
- Whether the Supreme Court will reappraise evidence on the record in a petition for leave to appeal against conviction?
- Can findings of fact arrived at by the courts below be reversed by the Supreme Court through a re-examination of evidence in a criminal matter?
- Section 302/34, Pakistan Penal Code 1860
ORDER
ASLAM RIAZ HUSSAIN, J.--Allah Yar alias Yara and others petitioners (herein) seeks leave to appeal against the judgment of the Lahore High Court, Lahore convicting them under section 302/34, P.P.C.
2. We have heard learned counsel for the petitioners at a considerable length. The contention raised by him amount only to a prayer for reappraisal of evidence on the record and to reverse findings of facts arrived at by the Court its below. We 'are afraid in the circumstances of this case we cannot consider it proper to enter into this exercise. This petition, is, therefore, dismissed as having no force.