' The facts giving rise to this revision, briefly, are that during the trial of case titled State v. Khalid Pervez and 2 others under section 302/307/148/149, P.P.C. The petitioners/accused moved application to the learned Additional Sessions Judge, Sargodha for providing them copies of the statements of 73 witnesses detailed therein recorded during investigation of the case. The application was dismissed by the learned trial Judge on 27-3-1989, hence this revision.
2. Mr. Ejaz Hussain Batalvi, the learned counsel for the petitioners contended that to avoid prejudice in their defence, the petitioners/accused were entitled to copies of the statements of all the persons recorded during investigation whether the same supported the case of prosecution or of the defence and whether they were cited as P.Ws. Or not provided such statements were recorded during investigation separately under section 161, Cr.P.C. Or in Zimnies or under section 172, Cr.P.C. In body of the case diary. Mr. A.H. Masood, the learned counsel for the State has frankly conceded to the contention of the learned counsel for the petitioners and rightly so.
3. That being the position, the revision is accepted and the order, dated 27-3-1989 of the learned Additional Sessions Judge is set aside. The application of the petitioners for supplying them copies of the statements of 73 witnesses recorded during investigation of the case, is allowed. The learned Additional B Sessions Judge will supply copies of the statements of the witnesses falling within the purview of section 265-C, Cr.P.C. Free of costs, and copies of the statements travelling beyond the scope of this section, on payment of usual charges, to the petitioners within 4 days of this order.