1. MUHAMMAD AMIR MALIK, J.---Zafar Iqbal and Ehsan Ahmad appellants alongwith 7 others were tried for the offence under section 302/ 148/149, P.P.C. By Special Court (Suppression of Terrorist Activities), Gujranwala. Vide judgment, dated 6-7-1992 Wajid Hussain, Muhammad Akram, Imtiaz Ahmad and Abid Hussain accused, were acquitted on compromise under section 338-E, P.P.C.
2. Read with section 345, Cr.P.C. Muhammad Younas co-accused was acquitted on merits. The appellants were convicted alongwith Bahawal Sher accused. The appellants were sentenced to imprisonment for life and a fine of Rs.50,000 as compensation or in default thereof three years' R.I.
3. They have appealed.
2. Learned counsel for the appellants has contended with reference to Zia Ullah Khan and others v.
4. Government of Punjab and others PLD 1989 Lah. 554 and Government of The Punjab through Secretary, Home Department v. Zia Ullah Khan and 2 others 1992 SCMR 602 to canvass the point that the appellants having been tried in absentia, the trial was vitiated. Learned counsel for the State had no answer to the contention.
5. 2-A. Relying upon the reports the contention is accepted with the result that the appeal succeeds, the conviction and sentence of the appellants are hereby set aside. They would be tried afresh by the learned trial Court in accordance with law i.e. In, their presence. Till then or further orders from the learned trial Court they would be considered to be under trial in jail.