ABDUL MOBEEN LAKHO, J.---Appellants Dawood and Ameen faced trial before learned Judge Anti-terrorism Court, Naushahro Feroze for offences under section 302, 363, 337-H(2), 147, 148, 149, P.P.C. read with section 7 ATA, 1997, registered at Police Station New Jatoi. After regular trial vide judgment dated 28.02.2018 accused were convicted under sections 302, 149, P.P.C. read with section 7(1)(a) of Anti-T errorism Act, 1997, and sentenced to imprisonment for life and to pay compensation of Rs.200,000/- each to be paid to the legal heirs of deceased in terms of Section 544-A, Cr.P.C. In case of default to undergo S.I. for 01 year more. Accused Aameen was also convicted for the offence punishable under section 23(1)(a) read with section 25 of Sindh Arms Act, 2013 and sentenced him to suffer R.I. for five years. They preferred these appeals against their conviction and sentences recorded by the trial Court.
2. Briefly the facts leading to filing of aforesaid appeals are that FIR No.88/2016 was lodged by the complainant Jamaluddin Qambrani at police station New Jatoi, alleging therein that on 18.03.2016 at 08:30 hours, his cousin Umaid Ali son of All Bux aged about 40 years, was serving as dispenser in RHC New Jatoi, about two years back he had contracted marriage with Mst.Farzana. It is alleged that she was divorced by her previous husband Abbas Mastoi, out of said wedlock she had one baby Dilkash aged about 04 years. Accused were annoyed with Umaid Ali and had issued threats of murder . On 17.03.2016 complainant along with his cousin Umaid Ali, Mst. Farzana relative Sajid Ali son of Muhammad Yaqoob and Niaz son of Muhammad Baqar resident of village Old Jatoi, boarded in carry van driven by Abdul Qayoom Jatoi, at about 0830 hours reached in City New Jatoi near Al-Falah Hospital, then from back side one white color Cultus car and two motorcycles crossed the complainant party and they pointed out their weapons at the complainant party and gave signal to stop them, driver stopped carry van. It is alleged that all accused got down from the vehicles, they were (i) Abbas son of All Bux Mastoi, (ii) Nazeer son of not known , (iii) Dawood Mastoi son of not known, (iv) Nasrullah son of Umaid Ali, (v) Aameen son of Ali Bux, (vi)
Asghar son of Ali Sher all by caste Mastoi, armed with pistols and three unknown accused persons with deadly weapons with open faces, if seen again will be recognized. It is stated that accuse d Abbas Mastoi with intention of murder fired upon Umaid Ali which hit him on chest, accused Aameen fired from his pistol which hit Umaid Ali on his left side of chest, accused Nazeer fired from his pistol which hit Umaid Ali on left cheek, accused Nasrullah fired upon Mst. Farzana, which hit her on abdo men, accused Asghar and Dawood fired upon Mst. Farzana, which hit her on neck and on face, within the sight of complainant party both expired at spot. Accused persons kidnapped baby Dilkash, drove away by firing to create terror . Meanwhile ASI Ishaque reached at the place of incident he brought the dead bodies at Taluka Hospital. After the postmortem and burial of dead bodies complainant lodged FIR it was recorded vide Crime No.88/2016 at Police Station New Jatoi. After usual investigation, challan was submitted against the accused under sections 302,363, 337-H(2), 148 and 149, P .P.C. read with Section 7 ATA.
3. Trial Court framed the charge against accused Abbas, Dawood Kano, Akbar , Sono, Nazir and Abdul Hameed at Ex.19, to which they pleaded not guilty and claimed trial.
4. In order to prove its case prosecution examined witnesses, PW-1 complainant Jamaluddin at Ex.26, PW-2 Niaz Ali at Ex.27, PW-3 ASI Dur Muhammad at Ex.28, PW-4 PC Zafrullah Lanjar , at Ex.29, PW-5 Kamaluddin at Ex.30, PW-6 Dr.Shahid Ali at Ex.31, PW-7 ASI Muhammad Ishaque Mallah at Ex.32, PW-8 PC Gohram Khan at Ex.33 and PW-9 ASI Qurban Ali, at Ex.35. Thereafter , accused Ameen and Ali Gul were arrested.and Amended charge was framed against the accused at Ex.38. To which they pleaded not guilty and claimed trial. Prosecution again examined witnesses Namely PW-1 complainant Jamaluddin at Ex.46, PW-2 Niaz Ali at Ex.47, PW-3 Kamaluddin at Ex.48, PW-4 SIP Hussain Ali at Ex.49, PW-5 ASI Ibrar Hussain Shah at Ex.50, PW-6 ASI Rano Khan at Ex.51, PW- 7 Dr. Shahid Ali Soomro at Ex.52, PW-8 ASI Muhammad Ishaque Mallah at Ex.53, PW-9 Dr. Rehana Memon at Ex.54, PW-10 LO/Inspector Hamid Ali at Ex.55, PW-11 ASI Dur Muhammad at Ex.56, PW-12 PC Zafrullah at Ex.57, PW-13 PC Gohram Khan at Ex.58, PW-14 Tapedar Asadullah at Ex.59, PW-15 I.O. Inspector Muhammad Eisa at Ex.60, PW-16 ASI Qurban Ali at Ex.61, PW-17 Ghulam Mustafa at Ex.62, PW-18 ASI Muhammad Bux Khoso at Ex.63. Thereafter , prosecution side was closed.
5. Statements of accused were recorded under section 342, Cr.P.C at Exs.65 to 71. Accused denied prosecution allegations and claimed innocence. On the conclusion of trial, accused Ameen and Dawood were convicted vide judgment dated 28.02.2018 as stated above.
6. During pendency of the appeal absconding accused Nasrullah, Naeem, Asghar and Nazir were arrested and they faced trial before the learned Judge Anti-T errorism Court, Naushahro Feroze and they were acquitted by him vide judgment dated 25.09.2018.
7. Mr. J.K --Jarwar learned counsel for the appellants mainly contended that during the subsequent trial of accused Nasrullah, Naeem, Asghar and Nazir , evidence of complainant Jamaluddin and PWs Sajid and Niaz Ali was recorded. PWs deposed that accu sed present before the trial court were not same. It is argued that complainant and PWs were telling lie before trial court. As such, they were not reliable witnesses and he invoked the principle of falsus in uno, falsus in omnibus and argued that on this ground alone appeals may be allowed. In support of his contentions he relied upon the case of Notice to Police Constable Khizar Hayat son of Hadait Ullah (PLD 2019 Supreme Court 527).
8. Mr. Shan Muhammad Mahar DPG is present along with complainant while realizing the legal position recorded no objection for acquittal of the accused.
9. During trial against the appellants in special case No.22/2016 evidence of the complainant Jamaluddin and PW Niaz Ali was recorded on 20.09.2017. For the sake of convenience examination-in-chief of aforesaid witnesses is reproduced as under: Examination-in-chief of PW -1 complainant Jamaluddin (Ex.46)
"I am complainant in this case. Deceased Umaid All was my cousin. Mst. Farzana was wife of Umaid Ali. My cousin Umaid Ali son of Ali Bux aged about 40 years was dispenser at RHC New Jatoi. About two years back he married with Mst. Farzana and performed Nikah according to Muhammadan Law. Mat. Farzana was divorced by her previous husband Abbas Ali Maitoi, Minor girl Dilkash was residing with her mother Mst,Farzana. On 17.03.2016 I, my cousin Umaid Ali, Mst. Farzana, relative. Sajid and Niaz alongwith minor baby Dilkash were going In the carry from Old Jatoi to New Jatoi, which was being driven by driver Abdul Qayoom. When we reached aLNew Jatoi Town at Al-Falah hospital where accused persons on two motorcycles and Cultus car crossed our van. They all were armed with weapons, They alighted from their vehicles and signaled the carry van driver for stopping, who stopped the carry van, We Identified accused persons to be Abbas, Aameen, Nazir , Nasrullah, Dawood, Asghar ali armed with pistols and three others were unidentified persons, out of whom two were armed with K.Ks and one was armed with Pistol. Accused persons took me, Sajid, Niaz and Dilkash out from carry van. Accused Abbas fired straight at my cousin Umaid All which hit him at chest. Accused Aameen fired at Umaid Ali which hit at his left nipple, Accused Nazir fired upon Umaid Ali which hit him at the right side of his neck. Accused Nasrullah fired upon Mst. Farzana which hit at her abdomen. Accused Dawood and Millar fired upon Mst. Farzana which hit on her right side face and neck. They fired indiscriminately in the air for creating the terrorism and harassment. All accused persons abducted Dilkash and put her in the car. All accused persons left the place of incident on their respective vehicles. Umaid Ali and Mst. Farzana died inside the carry van. I informed police of PS New Jatoi through my cell phone. In that response ASI Muhammad Ishaque Mallah along with four police constables came at the place of incident and completed legal formalities of the dead bodies. Dead bodies were brought in ambulance at Taluka Hospital Moro and we accompanied with ASI Muhammad Ishaque Mallah in his police mobile. He sent the dead bodies for post mortem and after completing the post mortem dead bodies were handed over to me at 1.30 a.m. I see receipts of dead bodies already produced at Ex.26/A and Ex.26/B. These are same, correct and bear my LTI. I brought dead bodies in protection of police at my village and completed funeral ceremonies. On 18.03.2016 I appeared at police Station New Jatoi, where we met with ASI Muhammad Ishaque Mallah who told that FIR book of PS New Jatoi is at Police Station Moro. Thereafter we along with ASI Muhammad Ishaque went to Police Station Moro where my FIR was Registered at 7.00 p.m. I see copy of FIR No.88/2016 already produced at Ex.26/C, it is same, correct and bears my LTI. Thereafter I came back at my house. On 19.03.2 016 Inspector Hamid Ali Jumani called me on cell Phone for showing the place of incident. I went to the place of incident along with my witnesses and mashirs where carry van was standing. Inspector Hamid Ali Jumani also came at the place of incident, he Inspected the same and secured bloodst ained foot mates of the carry van and sealed the same. He prepared the memo and obtained signatures of Mashirs. On 26.03.2016 I produced Nikahnama of deceased Umaid Ali with Mst.
Farzana. I also produced papers of divorce of Mst. Farzana from her Ex-Husband Ghulam Abbas. Mastoi before Inspector Muhammad Essa Dahiri. He secured the same. On 10.04.2016 I along with Niaz and Sajid on motorcycle were going to New Jatoi town where we saw two unidentified accused persons involved in the offence who were sitting in the hotel. We stopped infront of the hotel, but accused on seeing us left the hotel and went to northern side on Motorcycle. I inquired about the name of said persons from the persons sitting at the hotel, they told me their names to be Naeem son of Alam and Ali Gul son of Dawood. Thereafter I informed Inspector Muhammad Essa Dahiri who recorded my statement on 12.04.2016. I see my further statement already produced at Ex.26/D, it is same, correct and bears my L TI. Accused Ameen, Dawood and Ali Gul present in the court are same."
Examination-in-chief of PW -2 Niaz Ali (Ex.47)
"Complainant Jamaluddin is my cousin. Deceased Umaid Ali was my cousin. Deceased Mst. Farzana was wife of Umaid Ali. Deceased Umaid Ali was dispenser in Government Hospital New Jatoi. About two years back Umaid Ali married with Mst. Farzana according to Muhamadan Law. After divorce from her ex-husband Abbas Ali Mastoi Minor baby Dilkash from previous wedlock was residing with Mst. Farzana. On 17.03.2016 I along with my cousins Umaid Ali, Jamaluddin, Mst. Farzana, relative Sajid Ali were going in the carry van from old Jatoi to New Jatoi, carry van was being driven by driver Abdul Qayoom. At 8.30 a.m we reached near Al-Falah Hospital New Jatoi town. Accused persons on two motorcycles and one Cultus car crossed us, stood in front of us and signaled the carry van for stopping it. Accused persons alighted from their vehicles they were with open faces. We identified them to be Abbas, Aameen, Nazir , Nasrullah, Dawood and Asghar armed with pistols and three were unidentified persons out of them two were armed with K.K and one was armed with pistol. Accused Abbas fired at Umaid Ali with intention to commit his murder which hit on his chest. Accused Aameen fired at Umaid Ali which hit him on his left nipple. Accused Nazir fired upon Umaid Ali which hit him on left side of his face. Accused Nasrullah fired upon Mst. Farzana which hit on her abdomen. Accused Dawood and Asghar fired upon Mst. Farzana which hit on her face and neck on right side. All the accused persons fired in the air, abducted baby Dilkash and put her in the car, thereafter they all went towards northern side. ASI Muhammad Ishaque Mallah along with police constables came at place of incident. He inspected the dead bodies, and sent the dead bodies to Taluka Hospital Moro. Thereafter dead bodies were handed over to us after conducting post mortem. We brought the dead bodies for funeral purpose. On 19.03.2016 Inspector Hamid Ali Jumani recorded my statement under section 161, Cr.P.C. On 10.04.2016 I, Jamaluddin and Sajid went to New Jatoi Town where we saw on hotel two persons who were involved in our offence. On seeing us they left the hotel and went away . We inquired about the names and whereabouts from the persons sitting on the hotel. They told their names to be Ali Gul son of Dawood and Naeem son of Alam Khan. On 12.04.2016 I told the names of unidentified accused persons at our Otaq to Inspector Muhammad Essa Dahiri who recorded my statement under section 162, Cr.P.C. I see my further statement already produced at Ex.27/A, it is same, correct and bears my signature.
Accused Dawood, Aameen and Ali Gul present in the court are same."
10. After assessment of evidence of complainant and PWs, trial Court vide judgment dated 28.02.2018 convicted and sentenced the appellants for the following reasons:- "32. To prove this point prosecution has examined PW-Jamaluddin at Ex.46, who has deposed the same fact as contended in the FIR and he has attribut ed the specific role of firing upon deceas ed Umaid Ali to accused Abbas Mastoi (expired), Aameen and Nazir . Firing upon deceased Mst. Farzana has been attributed to accused Dawood, Nasrullah and Asghar . It is specifically alleged that the accused persons fired indiscriminately in the air. This incident took place due to the motive that Mst. Farzana had got divorce from accus ed Abbas Mastoi and contracted marriage with deceased Umaid Ali. This fact has been established by producing the divorce deed free will affidavit and Nikahnama between the deceased persons. PW-Naz Ali has full supported the version of the complainant regarding date, time, place of the incident and he has also attributed' the 'role of fiiring to the accused persons upon both deceased. The prosecution story has been further strengthen from the statement MLO, WMLO and the postmortem reports of both deceased. It has further been strengthened from the chemical reports and FSL report of the 30 bore pistol crime weapon used in the commission of offence, Learned defence counsel has though pointed out some contradiction but same does not affect the truth of the prosecution story , in my opinion the prosecution has established the came against present accused Dawood and Aameen beyond shadow of doubt."
11. Subsequently absconding accused Nasrullah, Asghar , Nazir and Naeem were arrested who faced trial before the trial Court in Special Case No.20/2018, Again evidence of complainant Jamaluddin and PWs Niaz Ali and Sajid were recorded, Counsel for the appellants placed on record copies of the depositions of the above named complainant and PWI. In order to appreciate contentions raised by complainant same are reproduced as under:- Examination-in-chief of PW -1 complainant Jamaluddin (Ex.18)
"I am complainant in this case. Deceased Umaid Ali was my cousin. Mst,Farzana was wife of Umaid Ali. My cousin Umaid All son of All Bux aged about 40 years was dispenser at RHC New Jatoi. About two years back he married with Mst, Farzana and performed Nikah according to Muhammadan law. Mst. Farzana was divorced by her previous husband Abbas Ali Mastoi. Minor girl Dilkash was residing with her mother Mst. Farzana. On 17.03.2016 I, my cousin Umaid Ali, Mst. Farzana, relatives Sajid and Niaz along with minor baby Dilkash were going in the carry from Old Jatoi to New Jatoi, which was being driven by driver Abdul Qayoom. When we reached at new Jatoi Town at Al-Falah hospital where accused persons on two motorcycles and Cultus car crossed our van. They all were armed with weapons. They alighted from their vehicles and signaled the carry van driver for stopping, who stopped the carry van. We identified accused persons to be Abbas, Ameen, Nazir , Nasrullah, Dawood, Asghar all armed with pistols and three other were unidentified persons, out of whom two were armed with K.Ks and one was armed with pistol. Accused persons took me, Sajid, Niaz and Dilkash out from carry van. Accused Abbas fired straight at my cousin Umaid All which hit him at chest. Accused Aameen fired at Umaid Ali which hit at his left nipple. Accused Nazir fired upon Umaid Ali which hit him at the right side of his neck. Accused Nasrullah fired upon Mst. Farzana which hit at her abdomen. Accused Dawood and Asghar fired upon Mst, Farzana which hit on her right side face and neck. They fired indiscriminately in the air for creating terrorism and harassment, All accused persons abducted Dilkash and put her in the car. All accused persons left the place of incident on their respective vehicles.
Umaid Ali and Met, Farzana died inside the carry van, I informed police of PS New Jatoi through my cell phone. In that response ASI Muhammad Ishaque Mallah along with four police constables came at the place of incident and completed legal formalities of the dead bodies. Dead bodies were brought in ambulance at Taluka Hospital Moro and we accompanied with ASI Muhamma d Ishaque Mallah in his police mobile. He sent the dead bodies for post mortem and after completing the postmortem dead bodies were handed over to me at 1.30 a.m. I produce attested copies of receipts of dead bodies at Ex.18/A and Ex.18/B, these are same, correct and bear my LTs. I brought dead bodies in protection of police at my village and completed funeral ceremonies, On 18.03.2016 I appeared at Police station New Jatol, where we met with ASI Muhammad Ishaque Mallah who told that FIR book of PS New Jatol is at PS Moro. Thereafter we alongwith ASI Muhammad Ishaque went to PS Moro where my FIR was registered at 7.00 P.m. I produce FIR No.88/2016 at Ex,18/C, it is same, correct and bears my LTI. Thereafter I came back at my house, On 19,03,2016 Inspector Hamid Ali Jumani called me on cell phone for showing the place of incident. I went to the place of incident along with my witnesses and mashirs where carry van was standing. Inspector Hamid Ali Jumani also came at the place of incident, he inspected the same and secured blood stained foot mates of the carry van and sealed the same. He prepared the memo and obtained signatures of mashirs. On 26.03.2016 I produced Nikahnama of deceased Umaid Ali with Mst. Farzana. I also produced papers of divorce of Mst. Farzana from her ex-husband Ghulam Abbas Mastoi before Inspector Muhammad Essa Dahiri. He secured the same. On 10.04.2016 I along with Niaz and Sajid on motorcycle were going to Neww Jatoi town where we saw two unidentified accused persons involved in the offence who were sitting the hotel. We'stopped in front of the hotel, but accused on seeing us left the hotel and went to northern side on motorcycle. I inquired about the name of said person from the persons sitting at the hotel, they told their names to be Naeem son of Alam and Ali Gul son of Dawood. Thereafter I informed Inspector Muhammad Essa Dahiri who recorded my statement on 12.04.2016. I produce attested copy of my further statement at Ex.18/D, it is same correct and bears my LTI. Accused present in the court are not same."
Examination-in-chief of PW -2 Niaz Ali (Ex-19)
"Complainant Jamaluddin is my cousin. Deceased Umaid Ali was my cousin. Deceased Mst. Farzana was wife of Umaid Ali. Deceased Umaid Ali was dispenser in Government Hospital New Jatoi. About two years back Umaid Ali married with Mst. Farzana according to Muhammadan Law. After divorce from her Ex-husband Abbas Ali Mastoi Minor baby Dilkash from previous wedlock was residing with Mst. Farzana. On 17.03.2016 I along with my cousins Umaid Ali, Jamaluddin, Mst. Farzana, relative Sajid Ali were going in the carry van from old Jatoi to New Jatoi, carry van was being drive by driver Abdul Qayoom. At 08:30 a.m we reached near Al-Falah Hospital New Jatoi Town. Accused persons on two motorcyc les and one Cultus car crossed us, stood in front of us and signaled the carry van for stopping it. Accused persons alighted from their vehicles they were with open faces. We identified them to be Abbas, Ameen, Nazir Nasrullah Dawood and Asghar armed with pistols and three were unidentified out of them two were armed with KK and one was armed with pistol. Accused Abbas fired at Umaid Ali with intention to commit his murder which hit on his chest. Accused Aameen fired at Umaid Ali which hit him on his left nipple.
Accused Nazir fired upon Umaid Ali which hit him on left side of his face. Accused Nasrullah fired upon Mst.
Farzana which hit on her abdomen. Accused Dawood and Asghar fired upon Mst. Farzana which hit on her face and neck on right side. All the accused persons fired in the air, abducted baby Dilkash and put her in the car, thereafter , they all went towards northern side. ASI Muhammad Ishaque Mallah along with police constables came at place of incident. He inspected the dead bodies, and sent the dead bodies to Taluka Hospital Moro. Thereafter , dead bodies were handed over to us after conducting the post mortem. We brought the dead bodies for funeral purpose. On 19.03.2016 inspector Hami Ali Jumani recorded my statement .under section 161, Cr.P.C. On 10.04.2016 I, Jamaluddin and Sajid went to New Jatoi town where we saw on hotel two person who where involved in our offence. On seeing us they left the hotel and went away . We inquired about the names and whereabouts from the persons sitting on the hotel. They told their names to be Ali Gul son of Dawood and Naeem son of Alam Khan. On 12.04.2016 I told the names of unidentified accused persons at our otaq to Inspector Muhammad Essa Dahiri who recorded my statement under section 161, Cr.P.C. I produce attested copy of my further statement at Ex.19/A, it is same, correct and bears my signature. Accused present in the Court are not same.
Examination-in-chief of PW -3 Sajid (Ex.20)
"Complainant Jamaluddin is my maternal uncle Deceased Umaid Ali was my maternal uncle. Deceased Mst.
Farzana was wife of Umaid Ali. Deceased Umaid Ali was dispenser in Government Hospital New Jatoi. About two years back Umaid Ali married with Mst. Farzana according to Muhammadan Law. After divorce from her Ex- husband Abbas Ali Mastoi Minor baby Dilkash from previous wedlock was residing with Ms. Farzana. On 17.03.2016 I along with my cousins Umaid Ali, Jamaluddin, Mst. Farzana, relative Sajid Ali were going in carry van from old Jatoi to New Jatoi, carry van was being driven by driver Abdul Qayoo. At 8.30 a.m we reached near Al- Falah Hospital New Jatoi Town. Accused persons on two motorcycles and one Cultus car crossed us, stood in front of us and signaled the carry van for stopping it. Accused persons alighted from their vehicles they were with open faces. We identified them to be Abbas, Aameen Nazir , Nasurllah, Dawood and Asghar armed with pistols and three were unidentified persons out of them two were armed Ali with intention to commit his murder which hit on his chest. Accused Aameen fired at Umaid Ali which hit him on his left nipple. Accused Nazir fired upon Umaid Ali which hit him on left side of his face. Accused Nasrullah fired upon Mst. Farza na which hit on her abdomen.
Accused Dwood and Asghar fired upon Mst. Farzana which hit on her face and neck on right side. All the accused persons fired in the air, abducted baby Dikash and put her in the car, thereafter , they, all went towards northern side. ASI Muhammad Ishaque Mallah along with police constables came at place of incident. He inspected the dead bodies, and sent the dead bodies to Taluka Hospital Moro. Thereafter , dead bodies were handed over to us after conducting postmortem. We brought the dead bodies from funeral purpose. On 19.05.2016 Inspector Hamid Ali Jumani recorded my statement under section 161, Cr.P.C. On 10.04.2016 I, Jamaluddin and Sajid went to New Jatoi town where we saw, on hotel two persons who were involved in our offence. On seeing us they left the hotel and went away . We inquired about the names and whereabouts from the persons sitting on the hotel. They told their names to be Ali Gul son of Dawood and Naeem son of Alam Khan. On 12,04.2016 I told the names of unidentified accused persons at our otaq to Inspector Muhammad Essa Dahirl who recorded my statement under section 162, Cr.P.C. I produce my further statement at Ex.20/A, it is same correct and bears my signature. Accused present in the court are not same .
12. Trial court on conclusion of trial vide judgment dated 25,09,2018 acquitted accused Nasrullah, Asghar , Null' and Naeem for the following reasons:-- "19. Heard learned APO for the State, learned counsel for the accused and perused evidence brought on the record. PW/complainant has not supported the case of prosecution by deposing that accused persons present in the court are not same, he was declared as hostile by the learned APO for the State but nothing favorable to prosecution has come on record. PW Niaz All and Sajid All Qambrani eye-witnesses of the incident, also not supported the case of prosecution by deposing that accused person present in the court are not same, The evidence of remaining witnesses is not helpful to prosecution to prove its case when complainant and both eye- witnesses have not supported the case of prosecution by not implicating accused in the commission of offence.
Prom above discussion 1 have come to the conclusion that the prosecution has failed to prove the guilt of accused beyond shadow of reasonable doubt therefore, I answer this point as doubtful,"
13. Now the question arises that what will be the evidentiary value of evidence of complainant Jamaluddin and PWs Niaz Ali and Sajid Ali in view of the dictum laid down by Hon'ble Supreme Court in the case of Notice to Police Constable Khizar Hayat son of Hadait Ullah (PLD 2019 Supreme Court 527). The principle falsus in uno, falsus in omnibus is to be applied in our judicial dispensation with full force and witness found to be lying on one material aspect is to be disbelieved on all other aspects of the case. Relevant portion of the judgment is reproduced as under: "21. We may observe in the end that a judicial system which permits deliberate falsehood is doomed to fail and a society which tolerates it is destined to self-destruct. Truth is the foundation of justice and justice is the core and bedrock of a civilized society and, thus, an Compromise on truth amounts to a compromise on a society's future as a just, fair and civilized society . Our judicial system has suffered a lot as a conse quence of the above mentioned permissible deviation from the truth and it is about time that such a colossal wrong may be rectified in all earnestness. Therefore, in light of the discussion made above, we declare that the rule of falsus in uno, falsus in omnibus shall henceforth be an integral part of our jurisprudence in criminal cases and the same shall be given effect to, followed and applied by all the courts in the country in its letter and spirit. It is also directed that a witness found by a court to have resorted to a deliberate falsehood on a material aspect shall, without any latitude, invariably be proceeded against for committing perjury . "
14. It is matter of record that complainant and PWs were lying. Same PWs in the subsequent trial found to be lying on material aspects before the trial court and deposed that accused present before court were not same.
Therefore, their evidence is to be disbelieved on all other aspects in present case. The conduct of eye-witnesses at the time of incident created doubt in prosecution case, as they remained calm and did not try to rescue the deceased. Moreover , there is no independent piece of evidence against the appellants to connect them in the commission of the of fence. Learned DPG while realizing legal position has also rerecorded no objection.
15. For the above stated reasons, we have come to the conclusion that prosecuti on has utterly failed to prove its' case against the appellants. Resultantly , Criminal Appeal No.D-30/2018 filed by appellants Dawood Kano and Ameen and Criminal Appeal No. D-29/ 2018 filed by appellant Ameen are allowed. Conviction and sentence recorded by the trial court vide judgment dated 28.02.2018 is set-aside. Appellants are acquitted of the charges.
They are ordered to be released B from the jail forthwith if not required in some other case.
16. These are the reasons for our short order announced by us on 17.09.2019.