1. MUHAMMAD AFZAL CHEEMA, J.-In this petition Muhammad Sarfraz petitioner seeks review of this Court's judgment dated 14-11-1974 by which leave to appeal against the judgment of the High Court confirming the sentence of death awarded to him- on conviction on charge of murder was refused.
2. Having heard the learned counsel quite at length, we are satisfied the besides being barred by 16 days, of which no explanation whatever has beep furnished, the review petition has nothing to commend itself on merits within the limited scope of Order XXVI of the Supreme Court Rules which is only confined to the correction of an error apparent on the face of the record.
3. Learned counsel in vain tried to point out that in paragraph 8 of the judgment which dealt with the question of punishment alone, the doctor's opinion had not been correctly reflected. This is factually incorrect. A reference to the doctor's statement clearly shows that he had held the' fatal injury of the deceased to be sufficient to cause death in the ordinary course of nature and this is precisely what is mentioned in paragraph 8. Learned counsel then referred to the cross- examination of the doctor who admitted that timely medical aid could possibly have saved the life of the deceased. This aspect of the matter was duly considered in the judgment and cannot be allowed to be reagitated in review. Towards conclusion, learned counsel submitted that at the time of the occurrence the petitioner was merely 19 years of age and that the solitary injury which proved fatal was on a non-vital part of the deceased and therefore, justifiably called for the award of a leeser penalty. We regret to observe that this contention was also duly considered by us as clearly mentioned in the judgment. Having already awarded a legal sentence, this Court cannot reopen this question of sentence in a review petition and the matter could alone be considered by the Executive Authorities in exercise-of their Constitutional, jurisdiction. With these observations, the petition is dismissed.