Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 396---Dacoity with murder---Appreciation of evidence---Benefit of doubt---Complainant, during identification parade, picked up accused as the person who made fire shot on the deceased; whereas by other witnesses, participating in the identification parade, no such role was ascribed to accused---Incident was a night occurrence, but in the FIR no source of light was mentioned; whereas in the private complaint filed subsequently, a torch light was introduced by the complainant---Improvement inconsistent with the case set up in the FIR, as well as change of role of accused qua fatal fire shot in the private complaint, cast serious doubt on the veracity of ocular testimony; and it was not safe at all to base conviction of accused on such distorted evidence---Findings of conviction recorded by the Trial Court, being not maintainable, conviction and sentence recorded by the Trial Court against accused persons through impugned , were set aside---Accused were acquitted of the charge, and were ordered to be released, in circumstances. (b) Criminal trial--- ----Benefit of doubt---Scope---Conviction must be based on unimpeachable evidence, and certainty of guilt, and any doubt arising in the prosecution case, must be resolved in favour of accused---For giving the benefit of doubt, it was not necessary that there should be many circumstances creating doubts---Single circumstance creating reasonable doubt in a prudent mind about the guilt of accused, would make him entitled to the benefit; not as a matter of grace and concession, but as a matter of right. Muhammad Khan and another v. The State 1999 SCMR 1220 rel. Tariq Pervez v. The State 1995 SCMR 1345 and Muhammad Akram v. The State 2009 SCMR 230 ref. Ch. Abdul Ghaffar, Malik Mukhtar Hussain for Appellants (in Criminal Appeal No.1319 of 2011). THIS JUDGMENT DELIVERED BY: CH. MUSHTAQ AHMAD, JUSTICE:---.--- Appellants Muhammad Ajmal, Muhammad Hussain, Muhammad Iqbal and Mumtaz have challenged their conviction and sentence through Criminal Appeal No.12-J of 2013, Criminal Appeals Nos.1319, 1500 and 1554 of 2011, respectively. They were tried by learned Additional Sessions Judge,…

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