' MAMOON KAZI, J.---The petitioners were convicted under section 302/34, P.P.C. By the Special Judge, Anti-Terrorist Court No.7 and sentenced to death and each of the petitioners was further sentenced to pay a fine of Rs.1,00,000 or in default to undergo R.I. For two years. The petitioners filed appeals against the said conviction and sentence before the High Court but their appeals have been dimissed and their conviction and sentence have been upheld vide judgment, dated 14-1999.
2. According to the case of the prosecution against the petitioners, on 4-7-1998 the complainant in the case, Musair Akram, received message from his nice that his brother, Zuhair Akram Nadeem, had received fire-arm injuries. He rushed to his house where he found that his family members had already left for Abbasi Shaheed Hospital. On enquiry the complainant learnt that while his brother was inspecting construction work on a plot in Orangi Town at about 12-30 p.m., he was attacked and killed by some unknown persons.
3: Learned counsel for the petitioners have inter alia, argued that, statements of the only two eye- witnesses in the case namely, Naimuddin Qureshi and Liaquat Samo, were recorded by the police on 5-12-1998 which was after a delay of about five months after the date of occurrence. Secondly, judicial confessions are shown to have been made by the petitioners but admittedly, the same were recorded ten days after the arrest of the petitioners. It has been further argued that statements of the accused were not recorded in accordance with the provisions of section 342, Cr.P.C. And the learned Courts below have also failed to examine the defense version in juxtaposition to the prosecution case. Therefore, the same, according to the learned counsel, has caused prejudice to the accused.
4. We grant leave to the petitioners to examine the said contentions and also to re-appraise evidence in the case.