GHAZI KHAN And Another vs The STATE
This matter arises from a petition for leave to appeal filed by the petitioners against the judgment of the Lahore High Court upholding their conviction under sections 302/34 and 307/34 of the Pakistan Penal Code. The core legal question before the Supreme Court was whether interference with concurrent findings of fact through a reappraisal of evidence was warranted in the circumstances of the case. The Supreme Court held that the prosecution successfully proved the charges against the petitioners beyond any shadow of doubt, and the Court declined to reopen findings of facts or reappraise the evidence as requested by the petitioners' counsel. Consequently, the Court dismissed the petition for leave to appeal, establishing that the Supreme Court will not ordinarily reappraise evidence to interfere with concurrent factual findings when guilt is proven beyond doubt.
- Whether the Supreme Court will reappraise evidence to interfere with concurrent findings of fact of lower courts?
- Is leave to appeal granted where the prosecution has proved charges beyond doubt?
- Section 302, Pakistan Penal Code 1860
- Section 307, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
ASLAM RIAZ HUSSAIN, J.--The petitioners seek leave to appeal against the judgment of the Lahore High Court, Lahore, dated 10-12-1984 dismissing their appeal in the case under section 302/34, P.P.C. And 307/34, P.P.C.
2. We have heard learned counsel for petitioners and have also gone through the impugned judgment. We are of the view that the prosecution has been able to prove the charges against the accused/petitioners beyond any shadow of doubt. The learned counsel merely seeks a reappraisal of the evidence on the record requiring us to reopen the findings of facts arrived at by the Courts below. Having gone through the impugned judgment, we feel that this is not a fit case for grant of leave to appeal for that purpose. The petition is consequently dismissed.