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Penal Code (XLV of 1860).......... .......... Sections 396 & 397..........Dacoity with murder, robbery or dacoity with attempt to cause death or grievous hurt..........Re-appraisal of evidence..........Benefit of doubt..........According to three eyewitnesses, the accused persons did not cause any injury either to the deceased or to the injured..........Evidence of the prosecution regarding co-accused persons, who were attributed fatal shot to the deceased and the injured, had not been believed by the High Court..........Question arose as to how the same evidence could be believed qua the accused persons..........Although all the witnesses identified the accused persons during the identification parade but none of the witness described any role to them..........Witnesses ascribed certain roles to all accused persons for the first time during the trial..........Identification parade lost its evidentiary value in such circumstances and was worthleSections .........Police official from whom a weapon was allegedly snatched by accused persons was never produced by the prosecution and his evidence was withheld and, he was given up, as being unnecessary..........In such eventuality, an inference could be drawn that said police official was not ready to support the prosecution story..........Contradictions were observed in the statements of prosecution witnesses with regard to who fired at the deceased and who snatched the weapon from the police official..........According to the report of Forensic Science Laboratory, the crime empties recovered from the spot were found to have not been fired from the weapon allegedly recovered from some of the co-accused persons..........Circumstances of the present case created serious doubt in the prosecution story benefit of which had to be extended to accused and co-accused persons..........Appeal was allowed accordingly. JUDGMENT SARDAR TARIQ MASOOD, JUSTICE..........This appeal, with leave of the Court, is directed against the judgment dated 19.03.2010, passed by the Lahore High Court (Lahore) whereby Criminal Appeals No. 1981 and 1980 of 2006, filed by the appellants (Manzoor Hussain, Ghulam Abbas, Muhammad Nawab alias…

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