Law:

Section: Crl. As. Nos. 1816, 1818, 2044, 2009, 1857, Crl. Rev. No. 1018 of 2003 and M.R. No. 144 of 2004, heard on 19.4.2007.

Pakistan Penal Code, 1860 (XLV of 1860)--

----S. 396--Dacoity with murder--Conviction and sentence--Challenge to--Murder reference--Test identification--Eye-witnesses by us case in hand has become one of an unwitnessed occurrence and even during test identification parades no particular role had been ascribed by so-called eye-witnesses to appellants individually--In these circumstances medical evidence produced by prosecution has lost its supportive value because there is nothing available on record to which medical evidence can provide support vis-à-vis culpability of appellants--According to prosecution photocopy of National Identity Card of deceased had been recovered from possession of appellant and a wrist-which of said deceased had allegedly been recovered groin possession of appellant but both eye-witnesses produced by prosecution had never even alleged that at time of alleged occurrence any photocopy of National Identity Card of deceased or any wrist-watch of said deceased had been taken away by culprits--All above mentioned recoveries have, thus, been found by us to be legally inconsequential and of no good use to prosecution--The prosecution had failed to prove its case against appellants beyond reasonable doubt--All above mentioned appeals are, therefore, allowed, convictions and sentences of all appellants recorded by trial Court are set aside and they are acquitted of charge--They shall be released from jail forthwith if not required to be detained in connection with any other case.

                                                                  [Para 12, 13 & 14] A, B & C