Law: Pakistan Penal Code, 1860

Section: 148,149,302,302(b),364

Law: Criminal Procedure Code (V of 1898)

Section: 340(2),342,544A

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Both the prosecution witnesses, who had made dishonest improvements in their statements at the trial, were not truthful witnesses---Presence of said witnesses at the spot at the relevant time, also seemed to be shaky, unbelievable and doubtful in the circumstances of the case---Was also not understandable as to their allegedly going to the house of the complainant to tell him about the occurrence and then having chased accused persons upto the place of occurrence---All that was a concocted story---Statements of the eye-witnesses were not only inconsistent with each other, but also were self-destructive in nature---Even the motive set up by the prosecution appeared to be far-fetched just to involve accused and his companions---Incident was a night occurrence, which remained unseen---Statements of the eye-witnesses were incredible, shaky, conflicting and inspiring no confidence and were full of dishonest improvements---Said statements had not given edge to prosecution case, but had damaged same resulting that recoveries effected in the case, were rendered useless as the ocular account was not found believable---Evidence produced by the prosecution had failed to pin point the exact place of occurrence---From number of discrepancies in the prosecution case it could be concluded that prosecution had failed to make a case against accused beyond reasonable doubt---Was not necessary that there should be a number of circumstances creating doubt, but even a single circumstance that would create reasonable doubt in the mind of a man of ordinary prudence about guilt of accused, benefit of that must go to accused---Accused was acquitted of the charges. Tariq Pervez v. The State 1995 SCMR 1345 and Riaz Masih alias Mithu v. The State 1995 SCMR 1730 ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD ASHRAF BHATTI, J--- Saifullah, the appellant has challenged his conviction and sentence through the above cited Criminal Appeal No.82 of 2003. He along with five others was tried by the learned Sessions Judge, Bahawalpur in case F.I.R. No.243 dated 20-7-2000, Police Station Saddar Hasilpur, District…

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