' Petitioner was convicted under section 7(1)(a) of the Anti-Terrorism Act, 1997, read with section 302, P.P.C. On three counts and was sentenced to death on each count and to pay a fine of Rs,1,00,000 on each count. He was also convicted under section 13-E Arms Ordinance, 1965 and was sentenced to 7 years R.I. And Rs,10,000 fine, or in default S.I. For six months. These convictions and sentences were confirmed by the High. Court in appeals through the impugned judgment.
2. Learned counsel appearing for the petitioner argued that the testimony of the eye-witnesses is not confidence inspiring and that their evidence could not be believed being interested and chance witnesses. He also submitted that the identification parade was held after 530 days, therefore, it could not be used as corroborative of ocular testimony. He also criticised confession as a result of torture and also that it could not be used in this case as it was made at a time when the petitioner was arrested in some other cases. He also argued that neither the recoveries have been proved in accordance with law nor those were sufficient to connect the petitioner with the offence.
3. We grant leave to consider the above submissions and to re-appraise and evaluate the evidence on record to determine; as to whether, the petitioner has been convicted and sentenced keeping in view the principle laid down by this Court from time to time for safe administration of justice.
' Cr. M. No,132 of 2000. This application will be considered at the time of hearing of the appeal.