' Appellants Muhammad Shah and Haq Nawaz alias Ghulam Akbar have challenged their conviction and sentence through this Criminal Appeal No. 393 of 1999. They were tried by learned Additional Sessions Judge, Multan alongwith co-accused Muhammad Sadiq, Ghulam A.I alias Kaloo, Muhammad Nawaz, Allah Dewaya and Riaz in case FIR No. 290/1998 dated 07.06.1998 registered under Sections 302, 324, 148, 149, PPC at Police Station City Jalalpur Pirwala, District Multan.
2. On conclusion of trial, learned Additional Sessions Judge. Multan vide his judgment dated 28.10.1999 convicted and sentenced the appellants as under:- ' Muhammad Shafi appellant.
' Convicted U/S. 302(b), PPC and sentenced to undergo Imprisonment for life. He was also held liable to pay Rs. 1,00,000/- as compensation under Section 544-A, Cr.P.C. To the legal heirs of deceased. In default thereof, to further undergo simple imprisonment for six months.
' Haq Nawaz appellant.
' Convicted U/S 324, PPC and sentenced to Imprisonment for ten years (RI). He was also held liable to pay Rs. 30,000/- as fine. He was also convicted under Section 337-F(iii), PPC and sentenced to imprisonment for three years (RI) with Rs. 5000/-as daman.
3. Co-accused Ghulam A.I alias Kaloo, Muhammad Nawaz, Allah Dewaya and Riaz were acquitted of the charge, whereas Muhammad Sadiq was convicted and sentenced to death vide same judgment. He preferred Criminal Appeal No. 398 of 1999, which was partly allowed and death sentence awarded to him was converted into imprisonment for life vide judgment dated 23.11.2006 passed by a Division Bench of this Court, whereas Haq Nawaz appellant, according to report dated 25.06.2011 submitted by Superintendent New Central Jail, Multan, has already been released after undergoing his sentence. So, this appeal to his extent has already become instructors.
4. FIR was registered on the complaint made by Ameer Bakhsh. Prosecution story as contained in the FIR is that on 07.06.1998 at about 5:30 P.M, complainant, his son Riaz Ahmad, nephews Shaukat A.I and Muhammad Ajmal and one Zafar son of Mithhu were going towards Basti Hasaam to see pigeon flying contest. When they reached near square No. 385 owned by Khuda Bakhsh, Muhammad Shafi (appellant) armed with rifle, Kaalu, Muhammad Nawaz armed with Karbeen, Allah Dewaya armed with rifle, Haq Nawaz (appellant) armed with .12-bore gun, Riaz Ahmad armed with pistol .30-bore came from the side of house of Muhammad Shafi and shouted that they had come to teach lesson of informing the police. Muhammad Shafi and Muhammad Sadiq made one fire shot each with their rifles which hit Shaukat A.I at right and left sides on his chest, who fell down.
Complainant and his companions attempted to run, on which Haq Nawaz made fire with his gun, which hit Muhammad Ajmal at his back. Accused persons while making firing, fled away. Shaukat A.I succumbed to the injuries.
5. This case was investigated by Jameel Hussain SI (PW-12). After completion of investigation, report under Section 173, Cr.P.C. Was submitted before trial Court. Charge against the appellant along with co-accused was framed, to which they pleaded not guilty and claimed trial. Prosecution in order to prove its case, produced as many as twelve witnesses. Thereafter, statements of appellants were recorded under Section 342, Cr.P.C. Appellants took the plea that they had been implicated in this case due to enmity and party faction.
6. After conclusion of trial, appellants were convicted and sentenced as mentioned above, whereas co-accused were acquitted of the charge, hence, this appeal.
7. I have heard the arguments advanced by learned counsel for the parties and gone through the record with care.
8. According to prosecution witnesses Muhammad Shafi and Muhammad Sadiq made one fire shot each with their rifles which hit Shaukat A.I (deceased) at right and left sides of his chest. Post mortem was conducted on the dead body of Shaukat A.I by PW-1 Dr. Muhammad Jalal, who noted a fire-arm wound on front at left side of chest and second fire-arm wound on the right side of chest. According to the opinion of PW-1, Injury No. 1 was individually sufficient to cause death in ordinary course of nature. Injury No. 1 on left side at chest was attributed to Muhammad Sadiq co- accused who was convicted and sentenced to death, but on appeal his sentence was converted to imprisonment for life. No weapon was recovered from him during investigation. Evidence of prosecution witnesses regarding involvement of co-accused in the alleged occurrence was not relied upon by learned trial Court; therefore, it was not safe to record conviction against appellant on the same set of evidence. Main accused Muhammad Sadiq as narrated above, had played the main role in causing death of Shaukat A.I.
9. For the reasons recorded above, I am of the view the charge against appellant Muhammad Shafi was not proved beyond reasonable doubt. Therefore this criminal appeal is allowed and conviction and sentence recorded by the learned trial Court against the appellant through impugned judgment is set aside. Resultantly, appellant Muhammad Shall is acquitted of the charge. His surety stands discharged of the liability of bail bonds.