' ZIA MAHMOOD MIRZA, J.---Both the captioned petitions seek leave to appeal against a common judgment of Balochistan High Court, dated 24-6-1996 and, therefore, they are being disposed of together by this order.
2. Petitioners in Criminal Petition No,103 of 1996 and Bangul Khan respondent in Criminal Petition No,149 of 1996 were tried and convicted by Special Judge, Suppression of Terrorist Activities, Quetta under section 302/324/120-B/34, P.P.C., for committing the murder of Salal Bugti and causing serious injuries to Piara Khan PW and Major Tariq Tikka and each of them sentenced to death and seven years R.I. And a fine of Rs,50,000. On appeal filed by the convicts, learned Judges of a Division Bench of Balochistan High Court upheld the convictions and sentence of the petitioners in Criminal Petition No,103 of 1996 but accepted the appeal of Bangul Khan, respondent in Criminal Petition No,149 of 1996 and ordered his acquittal.
3. It is, inter alia, contended by the learned counsel appearing in support of Criminal Petition No,103 of 1996 that the learned Judges of the High Court having not believed/accepted the ocular testimony as against the petitioners' co-accused Bangui Khan, the same could not for a safe and valid basis for upholding the petitioners' conviction unless it was corroborated by exceptionally strong and independent evidence which, in the present case, was not available. It is submitted that the incriminating recoveries relied upon by the learned Judges of the High Court as a corroborative circumstance could not furnish the requisite corroboration as the weapons and the crime empties were sent to the fire-arm expert after inordinate delay. It has been further submitted that since the injuries suffered by the deceased were not specifically attributed to each of the petitioners, extreme penalty of death was not warranted. Contentions raised, amongst others, need consideration. Leave to appeal is, therefore, granted in Criminal Petition No,103 of 1996.
' Leave is also granted in the connected Petition No,149 of 1996 as it arises from the same impugned judgment.