Law:

Section:

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302--Conviction and sentence--Challenge to--Benefit of doubt--Appeal against--Whole case depend upon evidence of three eye-witnesses--Out of whom one has not implicated accused person and other has nullified his statement in examination-in-chief during cross examination so also facts narrated by him in FIR--Alleged recoveries were of no use to prosecution as by with holding case property with him for 21 months, investigation officer has spoiled entire prosecution case--Investigating officer in his examination-in-chief and cross-examination has not explained as to why he has not associated private witnesses with him while making arrest and recoveries from accused persons--Investigating officer at investigation stage had spoiled double murder case and there after whatever was left has been destroyed by two eye-witnesses--Corroborative evidence was not confidence inspiring and it was not safe, to rely upon it for upholding conviction and sentence of appellants--Evidence collected by prosecution and witnesses examined in Court were not confidence inspiring and created doubt about entire prosecution case--A case of insufficient evidence which apart from being discrepant was not confidence inspiring--Extending benefit of doubt to appellants their convictions and sentences were set aside--They were acquitted of Charge--Appeal allowed. THIS JUDGMENT DELIVERED BY: KHAWAJA NAVEED AHMED, JUSITCE---.--- This Crl. appeal has been filed on behalf of appellants Ghulam Nabi, Sarwar and Rasool Bakhsh, who were convicted under Section 302 PPC and were sentenced to suffer imprisonment for life with a fine of Rs. 20,000/- and in default in payment of fine to undergo further S.I. for six months, vide judgment dated 08.08.2005 passed by the learned 1st Additional Sessions Judge, Dadu. It was further ordered that if fine it realized, it should be given to legal heirs of the deceased persons. The appellants were also awarded benefit of Section 382-B Cr.P.C. Beingaggrieved from the above-mentioned judgment, the appellants have preferred this appeal in High Court through Mr. A. Q Halepota, Advocate. The Charge against three appellants is…

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