Law:

Section:

Penal Code (XLV of 1860)--S. 302/34---Constitution of Pakistan (1973), Art. 185(3)---Contention of accused was that statements of the only two eye-witnessess were recorded by the police after a delay of about five months after the date of occurrence; judicial confessions were shown to have been made by the accused persons but admittedly same were recorded ten days after the arrest of accused persons; that statements of accused were not recorded in accordance with the provisions of S.342, Cr. P.C. and the Courts below also failed to examine the defence version in juxtaposition to the prosecution case and that all this had caused prejudice to the accused persons---Leave to appeal was granted by Supreme Court to examine the contentions and also to re-appraise evidence in the case. Mumtaz Hussain Shah, Advocate Supreme Court and Sardar Muhammad Ishaque, Advocate-on-Record for Petitioners. Nemo for the State. Date of hearing: 27th July, 1999. ORDER 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 dismissed and their conviction and sentence have been upheld vide judgment, dated 1-7-1999. 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…

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