' RANA BHAGWANDAS, ACTG. C.J.--- These connected petitions for leave to appeal are directed against Peshawar High Court judgment, dated 29-5-2003 whereby respondents' appeals against their conviction and death sentence on the charge of Qatl-i-Amd of deceased Khan Sharif committed on the intervening night between 9/10 of June, 1999 were allowed.
2. At the conclusion of the trial, the respondents were found guilty of the charge and convicted and sentenced as aforesaid, whereas on reappraisal of evidence in appeal, they have been found to be not guilty of the charge, hence, these petitions arising out of a common judgment.
3. We have heard Mr. Muhammad Zaman Bhatti, learned Advocate Supreme Court on behalf of the State and with his assistance gone through the impugned judgment as well as judicial confessions recorded by respondents Mst. Khoga Jan and Abdul Rahim before two different Judicial Officers on 21-6-1999. Both the Judicial Officers had appeared at the trial of respondents and supported the prosecution but the High Court while interfering with the judgment of the trial Court observed that confessions recorded by both the respondents immediately after their -arrest were exculpatory.
Furthermore, the motive ascribed though prima A facie corroborated by the facts and circumstances emanating from the confessional statements did not impress the Division Bench of the High Court. It is vehemently urged that the High Court completely misread the evidence and misconstrued the record thereby causing grave miscarriage of justice.
4. After hearing learned counsel, we are inclined to grant leave to appeal for reappraisal of evidence as in our opinion case for deeper appreciation of evidence is, prima facie, made out.
Leave to appeal is, therefore, granted. Bailable warrants shall issue against all the respondents in the sum of Rs,1,00,000 returnable to the Deputy Registrar (Judicial) of this Court.