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Penal Code (XLV of 1860)--- ----Ss. 379, 337-H(2), 427 & 34---Criminal Procedure Code (V of 1898), Ss. 417(2-A) & 245---Theft, causing hurt by rash and negligent act, mischief causing damage, common intention---Appeal against acquittal---Scope---Appreciation of evidence---Civil and criminal cases were pending between the parties before registration of present case---Material contradictions and admissions in the statements of the prosecution witnesses, had made the case against accused doubtful---As to how and why Investigating Officer, received the investigation prior to lodging of FIR---Bullet was alleged to have been secured from the place of incident, but same was not produced before the court---Most of the witnesses were either related to the complainant, or were his workers, their evidence could not be relied upon, unless they were corroborated by independent evidence---Approach for dealing with appeal against the acquittal, would be different and distinguishable from that of appeal against conviction, because, in the case of acquittal presumption of double innocence of accused was attached to the order of acquittal---Order of acquittal, could only be interfered with, if same, on the face of it, appeared to be perverse, arbitrary, illegal, wholly illogical or unreasonable, or in case the reasons assigned by the Trial Court for acquittal, were speculative, and of artificial nature, or the findings were based on no evidence. 1995 SCMR 127; 2007 MLD 1115; 1998 PCr.LJ 1250; 1994 PCr.LJ 1874; 1998 SCMR 25; PLD 1985 SC 11; 1995 SCMR 1345; 2009 SCMR 230; 2008 SCMR 1549; 2007 SCMR 1390 and 2008 SCMR 1285 and 329 ref. 1989 PCr.LJ 1213 and 1998 PCr.LJ 1250 rel. ORDER AFTAB AHMED GORAR, J.---Through this Cr. Acq. Appeal appellant Khuda Bakhsh has challenged the Judgment dated 12-1-2010 passed by learned Vlth Civil Judge and Judicial Magistrate, Karachi West in Criminal Case No.36 of 2008 whereby respondents/accused have been acquitted under section 245(i), Cr.P.C. Precisely the facts of the case are that on 29-9-2007 at midnight time between 0200 to 0230 hours, when the son of the appellant namely Muhammad Saleem and his watchman Rahim Bakhsh were present on…

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