1. ' BASHIR A. MUJAHID, J.--- Farooq Ahmad, Tariq Ahmad and Abdul Sattar respondents were tried by the learned Addl. Sessions Judge, Bhakkar in case F.I.R. No,195 dated 14-12-1996 under section 364, P.P.C. Registered at P.S. Darya Khan at the instance of Mst. Rasheedan, P.W.7 widow of Muhammad Shabbir for abduction and murder of Sadaqat Ali son of the complainant and vide the impugned judgment dated 12-9-1998 they were acquitted of the charge.
2. ' The brief facts of the case as narrated in the impugned judgment are that Mst. Rasheedan Bibi, P.W.7 mother of Sadaqat Ali, deceased moved statement Exh. PA on which formal F.I.R. Exh.PA/1 was recorded with the allegation that on 9-12-1996 Rao Sadaqat All had gone to Darya Khan Town in connection with his personal assignment and did not return till evening, so she on the following morning arrived at the house of Rao Muhammad Shafiq, P.W.13, a Chief Chemist of Facts Sugar Mills and her close relative, inquired from him about Rao Sadaqat Ali deceased, her missing son, who stated to her that on the preceding evening at about 7-30 p.m. Rao Sadaqat Ali along with a person introduced by Rao Sadaqat Ali to be his friend owner of 74/80 acres of land and the only son of his parents; that Rao Muhammad Shafiq P.W.13 on the demand of Rao Sadaqat Ali delivered his motor cycle to him, because the deceased was his relative and that the person accompanying the deceased who had muffled his face, started driving the motorcycle whereas the deceased seated behind him and went away. That she after having inquired about his son from Rao Muhammad Shafiq, P.W. 13 returned to her Chak, met Muhammad Aslam, P.W.16, Muhammad Nisar and Abdul. Ghaffar, P. Ws and requested them to locate the deceased and herself informed her other relatives on telephone; that Muhammad Nisar and others aforesaid inquired about the deceased and it revealed that on 9-12-1996 the deceased had taken a bicycle from Shah Muhammad, P.W.8 and when he was contacted, stated to Muhammad Nisar and others aforesaid that on 9-12-1996 the deceased had taken a bicycle from him, because he had to go to see his friend and that on the same day at about 5 p.m. He had returned the bicycle by saying that his friend to whom he intended to see, had met him and that he was in no more need of that bicycle; that when Shah Muhammad was returning to his Chak, saw the deceased conversating with one Muhammad Akbar known as Foaji Hotel Wala. Abdul Sattar accused standing by his side and that on 13-12-1996. Muhammad Aslam, P.W.16, Abdul Ghaffar, Muhammad Rafiq P. Ws went to said Muhammad Akbar of Foaji Hotel Wala and on the pretext, stated to him that Rao Sadaqat Ali deceased had informed them that his diary was left with him (Muhammad Akbar) and that Rao Sadaqat Ali had required him to return his diary to which Muhammad Akbar aforesaid replied that about four days back the deceased along with Abdul Sattar accused had come to his hotel, remained sitting there for about an hour and at about 6-30 p.m. Went away, requiring them to inquire about the diary from Abdul Sattar accused; that all the aforesaid facts had proved that Abdul Sattar accused after having abducted Rao Sadaqat Ali deceased had managed his murder or he was being kept in illegal confinement and that Abdul Sattar accused had also stolen away the motorcycle, Registration No,STE/6918, belonging to Rao Muhammad Shafiq, P.W.13; that the motive for the occurrence was that Abdul Sattar accused some time before the occurrence had quarrelled with her sons over the money matter.
3. ' During the investigation body of Rao Sadaqat Ali was recovered on 31-12-1996 by Muhammad Amin, A.S-1. P.W.15. After completion of the investigation challan against the respondents was submitted.
4. ' During the trial the prosecution brought on record evidence of last seen of the deceased in the company of accused Abdul Sattar by Mst. Rasheedan, P.W.7 and her son Muhammad Ashraf, P.W.10 and according to both of them Abdus Sattar, respondent called Sadaqat Ali deceased from his house on 9-12-1996 and he went along with Abdus Sattar. There is another evidence of last seen narrated by Muhammad Shafiq, P.W.13 who stated that Sadaqat Ali deceased came along with another person with muffled face and borrowed his motorcycle to go to village and the man accompanied Sadaqat drove the motorcycle. Sadaqat All sat behind him. Apart from the above evidence there is evidence of extra-judicial confession narrated by Liaqat Ali, P.W.14 and according to him on 9-12-1997, Farooq Ahmad, Tariq Ahmad and Abdus Sattar respondents came before him one by one and confessed their guilt and asked to get them pardoned from the relatives of the deceased.
5. ' Learned counsel for the appellant has argued that there was sufficient evidence on record of last seen of the deceased in the company of the accused as narrated by Mst. Rasheedan Bibi P.W.7, Muhammad Ashraf P.W.10 and Muhammad Shafiq P.W.13 corroborated by evidence of extra- judicial confession narrated by Liaqat Ali, P. W.14 coupled with that there was recovery of a watch and blanket belonging to the deceased, therefore, their acquittal was not justified under the law.
6. ' The appeal has been opposed by learned counsel representing the respondents and learned counsel for the State who have supported the impugned judgment.
7. ' We have given our anxious consideration to the contentions raised at the bar and thrashed the record thoroughly.
8. ' During the trial prosecution examined 17 witnesses to prove guilt of the accused. The evidence brought on record by the prosecution was of last seen by Mst. Rasheedan Bibi, -P.W.7 and her son Muhammad Ashraf, P. W.10 and according to them Abdus Sattar respondent called Sadaqat deceased from his house on 9-12-1996 and took away by Abdus Sattar accused. Muhammad Ashraf, P.W.10 is permanently residing in Multan and he has failed to explain how he happened to be present in the village on the said day. Another evidence produced by the prosecution of last seen of Sadaqat Ali, deceased with Abdus Sattar was statement of Muhammad Shafiq, P.W.13 who stated that Sadaqat Ali, deceased came along with one unknown person with muffled face and borrowed his motorcycle to go to the village and Abdus Sattar was not put to identification parade to Muhammad Shafiq, P.W.13. Shah Muhammad, P.W.8 is also witness of last seen evidence and according to him he was returning to the Chak and saw the deceased talking with one Muhammad Akbar proprietor Fauji Hotel Wala while Abdus Sattar accused was standing by him on 13-12-1996. Muhammad Akbar proprietor of the hotel has not been produced by the prosecution. It is further alleged that according to Shah Muhammad, P. W. 8 on 13-12-1996 Muhammad Aslam, P.W.16 and Abdul Ghaffar they went to the hotel of Muhammad Akbar and asked that Sadaqat has left his diary at the hotel, on which, Muhammad Akbar replied that four days ago Sadaqat Ali deceased had come to his hostel along with Abdus Sattar accused and they remained sitting for more than an hour and went away at 6-30 p.m. Apart from the evidence of the last seen there is evidence of extra-judicial confession narrated by Liaqat Ali, P.W.14 and according to him on 9-12- 1997, Farooq Ahmad, Tariq Ahmad and Abdus Sattar, respondents came to him and confessed their guilt, but we find that Liaqat Ali was not a person in authority to help the accused, therefore, there was no reason why the accused should have approached this witness to confess their guilt.
9. The accused were arrested on 2,8-12-1996 which shows that he never attempted to cause arrest of the accused. Even it is believed true that the accused had confessed his guilt is natural conduct should have been he informed the police or to the complainant but he never took any steps for causing their arrest. There is also evidence of pointation of place of occurrence by the accused as dead body was already traced out, therefore, pointation of the place of occurrence is immaterial.
10. Apart from the above evidence there is recovery of certain articles allegedly belonging to the deceased i.e, watch and blanket of the deceased and motorcycle of Muhammad Shafiq, P.W.13 but neither in the F.I.R. Nor in statement under section 161, Cr.P.C. Recorded by the complainant and the P.Ws. It was stated that the deceased had blanket and watch and other articles with him. During the successive investigation Abdus Sattar was found innocent and his arrest was also deferred. The circumstantial evidence relied A upon the prosecution is not of the standard which can be passed for recording the conviction of the accused/respondents.
11. ' Recovery of watch P9, blanket P10 through memo. Exh.PL. Muhammad Ashraf, P.W.10 got. Recovered by Farooq Ahmad does not connect and his blanket P8 and registration book P12 after a long period of the occurrence i.e, on 10-12-1997 is not enough to connect the accused with the commission of murder. After reappraisal of the evidence we find that the .Prosecution has failed to prove the case against the accused beyond shadow of doubt. It is settled law that the Courts are always reluctant to interfere in the judgment of acquittal. No misreading or mis-appreciation of evidence is pointed out warranting interference. The appeal is dismissed having no force.