Sadaqat Ali Khan, J.--This single judgment shall dispose of Criminal Appeal No. 107 of 2010 filed by Dilawar Abbas @ Billu appellant, Cr1. Appeal No. 108 of 2010 filed by Shaukat Ali, appe llant and Crl. Appeal.No. 69 of 2010 filed by Akhtar Ahsan (against their convictions) and M.R. No. 04 of 2010 sent by Trial Court for confirmation of their death sentences or otherwise, as all the above stated matters have arisen out of the same judgment dated 25.01.2010 passed by learned Addl: Sessions Judge, Burewala, according to which appellants were convicted and sentenced as under:- Dilawar Abbas appellant u/S. 302(b), PPC read with Section 460, PPC.
Sentenced to death for Qatal-e-Amd of deceased Maqsood Ahmad, along with compensation amounting to Rs.
2,00,000/-to be paid by him to the legal heirs of deceased Maqsood under Section 544-A, Cr.P.C. In default thereof to further undergo S.I. for six months. Sentenced to death for Qatal-e-Amd of Shehzad along with compensation amounting to Rs. 2,00,000/- to be paid by him to the legal heirs of deceased Sbehz ad u/S. 544-A, Cr.P.C. In default thereof to further undergo S.I. for six months.
Sentenced to death for Qatl-e-Amd of deceased Iqbal (accused) along with compensation amounting to Rs.
2,00,000/- to be paid by him to the legal heirs of deceased Iqbal u/S. 544-A, Cr.P.C. In default thereof to further undergo S.I. for six months.
Under Section 396, PPC Sentenced to 10-years R.I with fine of Rs. 50,000/-. In default thereof to further undergo S.I. for three months Under Section 324 read with section 460, PPC Sentenced to 10 years R.I. for causing murderous assault on injured Naveed (PW -4)
Under Section 337-D read with section 460.
Sentenced to pay ARSH equal to 1/3rd of the Diyat amount as it was in the year 2003-04 (Rs. 2,75,762/-) to the injured Naveed PW -4.
Under Section 324 read with section 460, PPC Sentenced to 10 years R.I. for causing murderous assault on injured Muhammad Rauf PW -7 Under Section 337-D read with section 460 Sentenced to pay ARSH equal to 1/3rd of the Diyat amount as it was in the year 2003-04 (Rs. 2,75,762/-) to the injured Muhammad Rauf PW -7 AKHT AR AHSAN APPELLANT u/S. 302(b), PPC read with section 460, PPC.
Sentenced to death for Qatal-e-Amd of deceased Maqsood Ahmad, along with compensation amounting to Rs.
2,00,000/-to be paid by him to the legal heirs of deceased Maqsood u/S. 544-A, Cr.P.C. In default thereof to further undergo S.I. for six months.
Sentenced to death for Qatal-e-Amd of Shehzad along with compensation amounting to Rs. 2,00,000/- to be paid by him to the legal heirs of deceased Shehzad u/S. 544-A, Cr.P.C. In default there of to further undergo S.I. for six months.
Sentenced to death for Qatl-e-Amd of deceased Iqbal (accused) along with compensation amounting to Rs.
2,00,000/- to be paid by him to the legal heirs of deceased Iqbal u/S. 544-A, Cr.P.C. In default thereof to further undergo S.I. for six months.
Under Section 396, PPC Sentenced to 10-years R.I with fine of Rs. 50,000/-. In default thereof to further undergo S.I. for three months Under Section 324 read with section 460, PPC Sentenced to 10 years R.I. for causing murderous assault on injured Naveed (PW -4)
Under Section 337-D read with section 460 Sentenced to pay ARSH equal to 1/3rd of the Diyat amount as it was in the year 2003-04 (Rs. 2,75,762/-) to the injured Naveed PW -4.
Under Section 324 read with section 460, PPC Sentenced to 10 years R.I. for causing murderous assault on injured Muhammad Rauf PW -7 Under Section 337-D read with section 460 Sentenced to pay ARSH equal to 1/3rd of the Diyat amount as it was in the year 2003-04 (Rs. 2,75,762/-) to the injured Muhammad Rauf PW -7 SHAUKA T ALI APPELLANT u/S. 302(b), PPC read with section 460, PPC.
Sentenced to death for Qatal-e-Amd of deceased Maqsood Ahmad, along with compensation amounting to Rs.
2,00,000/-to be paid by him to the legal heirs of deceased Maqsood u/S. 544-A, Cr.P.C. In default thereof to further undergo S.I. for six months.
Sentenced to death for Qatal-e-Amd of Shehzad along with compensation amounting to Rs. 2,00,000i'- to be paid by him to the legal heirs of deceased Shehzad u/S. 544-A, Cr.P.C. In default there of to further undergo S.I. for six months.
Sentenced to death for Qatl-e-Arnd of deceased Iqbal (accused) along with compensation amounting to Rs.
2,00,000/- to be paid by him to the legal heirs of deceased Iqbal u/S. 544-A, Cr.P.C. In default thereof to further undergo S.I. for six months.
Under Section 396, PPC Sentenced to 10-years R.I with fine of Rs. 50,000/-. In default thereof to further undergo S.I. for three months Under Section 324 read with section 460, PPC Sentenced to 10 years R.I. for causing murderous assault on injured Naveed (PW -4)
Under Section 337-D read with section 460.
Sentenced to pay ARSH equal to 1/3rd of the Diyat amount as it was in the year 2003-04 (Rs. 2,75,762/-) to the injured Naveed PW -4.
Under Section 324 read with section 460, PPC Sentenced to 10 years R.I. for causing murderous assault on injured Muhammad Rauf PW -7 Under Section 337-D read with section 460 Sentenced to pay ARSH equal to 1/3rd of the Diyat amount as it was in the year 2003-04, (Rs. 2,75,762/-) to the injured Muhammad Rauf PW -7 Whereas Atiq-ur-Rehman and Behzad were acquitted in case FIR No. 423 Dated 24.12.2003 under sections 302/396/459/460, PPC Police station, Sadar Burewala, District V ehari.
2. Facts of the case have been stated by Muhammad Maqbool complainant PW-5 in his statement before the learned trial Court which is hereby reproduced for narration of the facts: "On 24.12.2003 at about 12:30 of the night, I was sleeping in my house alongwith my family members. Six armed dacoits entered into my house. Feeling their thud and presence in the house, I opened the door of my room. At that time the electricity bulb in the Court yard was on. I was apprehended and overpow ered by the accused alongwith my family members. We all were confined in a room and one of the dacoits armed with rifle remained at guard on us. The other dacoits entered into other rooms and began to collect the previous commodities of the house i.e. gold, perfumes etc. and these articles were tied in small bundles. After they all entered into the room where we were confined and began to take away the ornaments worn by the ladies of the house. At that time, the veil of one of the dacoits removed and he was identified by me and I said that he was Aslam Gujjar r/o Chak No. 14/11-L of P.S Sadar Chichawatni (since dead). At my alarm, my brother Maqsood came out of the room in front of my room and he grasped with one of the dacoits. My brother Rauf and my maternal neph ews Naveed and Shchzad also came out from the rooms and grappled with the accused in the VERANDA. One fire was shot at by one of the dacoits on Maqsood, who receiving the fire arm injury fell three and died. The other dacoits who were grappling with my other brother Rauf and nephews Naveed and Shehzad, they went in the Court yard and unveiled as a result of scuffle. I also identified Dilawar accused caste by Gujjar r/o Chak No. 323/EB, Tehsil Burewala. As a result of firing caused by accused/dacoits, my brother Rauf, my nephews Naveed and Shehzad were injured and one of the dacoits Iqbal also sustained injury . Hearing the hue and cry and firing reports, Arshad and Sana Ullah, PWs also attracted the spot besides the other villagers and witnessed the occurrence. Seeing the PWs, dacoits fled away from the house alongwith their respective weapons and one of the dacoits namely Iqbal however , fell outside the main gate of the house in the street. Leaving the PWs to guard the injured and dacoit outside the house, I went to THQ Hospital, Burewala for the emergent treatment of injured. Leaving the injured in hospital, I opted to report the matter to the police and near Lorry Adda, Rao Abbas, S.I met me and I reported the matter to him. He recorded my statement Ex.P-C and sent the same to the police station for formal registration of case. My signatures were secured on Ex. PC which is Ex.PC/ 1 which were taken by the police officer as a token of its correctness after having been read over to me.
After that I came to the village. Police also reached at he place of occurrence. Just arrival of police, Atiq ur Rehman alongwith Nazir Ahmad aliajs Mithu Dogar and Behzad also came there on the land cruiser . A villager namely Mumtaz handed over the rifle of dacoit Iqbal to the SHO Mr. Naqvi. Naqvi SHO delivered the rifle to S.I and directed him to interrogate the injured dacoit that who were with him in the commission of crime. Iqbal injured dacoit replied that Aslam Gujjar , Dilawar Gujjar and Tauqir were also associated in the commission of crime (objected to by learned defence counsel as hearsay evidence). After completing the proceedings, the police put the dead body of Maqsood placing it on a cart in the motor vehicle and also lifted the injured and placed him in the said vehicle. After that police proceeded towards the hospital/police station. The land cruiser of Mithu Dogar also followed the police Van. In the land Cruise r of Mithu Dogar , Behzad, Atiq ur Rehma n and BEHNOI Arshad PW and my son Wahid Maqbool also sat in. At a MORE outside the village, near the tube well of Dogaranwala, Mithu Doger directed to stop the police van and get alighted Iqbal dacoit from the police van. Mithu Dogar also proclaimed that the time of Iqbal had come; therefore, he fired at him twice. The first fire shot landed on the ground whereas the second fire shot hit the head of the dacoit and resultantly , he passed away . Thereafter , the dead body of dacoit was also removed to THQ Hospital, Burewala. I also reached the hospital but late.
After that during the investigation of the case, .Shaukat Malka and Ahsan Hassan. r/o Noveerka, Kasur were also implicated by the police in the case and as a result of investigation, they were challaned. My statement was also recorded by the police from time to time."
3. After registration of the case, investigation started and on completion of the same report under section 173, Cr.P.C. was submitted in the trial Court.
4. Learned trial Court after observing legal formalities provided under the Criminal Procedure Code framed the charge against the appellants to which they pleaded not guilty and prosecution evidence was summoned.
5. Prosecution produced 22-witnesses (PW -1 to PW -12) and certain documents Exh.P A to Exh.PY .
6. Medical evidence has been furnished by Dr. Masood Nasir Rana PW-11 and Dr.Munir Ahmed PW-15. Dr.Masood Nisar Rana medically examined Naveed Ahmad injured PW-4, Abdul Rauf injured PW-7 and Shehzad in injured condition (now deceased) observed as under:-- INJURIES OF NA VEED AHMAD INJURED PW -4
1. A fire arm lacerated wound 3cm x 1/2 cm x deep going on the back and right side of right lumber area. Burning was present. Edges were inverted (entry wound).
2. A fire arm lacerated wound 2cm x half cm x bone exposed on the back and top of head.
3. A fire arm lacerated wound 3.5cm x half cm x deep going on the inner side of left forearm.
4. A fire arm lacerated wound 5 cm x 4 cm on the left side and outer side of abdomen. Omentum and intestines were protruding out of abdomen. Patient was in a state of shock. BP was 60/Nil Pulse was 100 per minute. He was pale and sever pain. He was immediately referred to Nishtar Hospital, Multan. Anashuitist was on leave. Police was informed vide Letter No. 67/E. Injury No. 1, 3 and 4 were kept under observation, 2 was declared u/S. 337A[ii] Shajjah-e-Mudiha. All the injuries were caused by the fire arm and were fresh.
INJURIES OF MUHAMMAD RAUF INJURED PW -7
1. A fire arm wound 5 cm x 5 cm x deep going intestines were protruding out of abdomen, on front of abdomen on suprapubic area.
2. A fire arm wound 1 cm in diameter on the right buttock.
3. A fire arm would 1 cm x dia meter on the back and right buttock. Patient was in state of shock. His blood pressure 70/Nil. His pulse was 110 per minutes. He was in severe pain and shock. All the injuries were caused by fire arm. All the injuries were kept under observation. Patient was referred to Nishtar Hospital, Multan. Injuries were of fresh duration.
INJURIES OF SHEHZAD IN INJURED CONDITION (Now Deceased)
1. A fire arm lacerated wound on the front and outer side of right upper buttock. Edes were inverted (entry wound).
2. Afire arm wound 5 cm x 5 cm x omentum and intestines were coming out of on the front and left side of abdomen.
The patient was in state of shock. BP 60/N, Pulse 100/per minute. Both the injurie s were kept under observation.
Patient was referred to Nishtar , Hospital, Multan. All the injuries were caused by the fire arm and were fresh.
Likewsie, Dr.Munir Ahmad PW-15 conducted postmortem examination on the dead bodies of Shehzad, Maqsood Ahmad and Muhammad Iqbal deceased and observed as under:- INJURIES of SHEHZAD DECEASED
1. A fire arm wound I cm x 1 cm x going deep on the outer and upper part of right thigh. The margins were inverted and blackened.
2. A fire arm wound 3.5 cm x 2.5 cm going deep on left iliao fossa. Intestines were coming out of this wound.
REMARKS The cause of death in this case was due to shock and haemorrhage due to injuries which were autimortem and which were suf ficient to cause death in ordinary course of nature. The injuries were caused by fire arm.
Probable time that elapsed between injury and death, about five hours and death and postmortem, 5 and half hours.
INJURIES MAQSOOD AHMAD DECEASED
1. A fire-arm wound 2 cm x 1.5 cm x going deep on outer canthus of right eye. The margins were blackened and inverted i.e. the wound of entry .
2. A fire-arm wound 2.5cm x 2 cm x going deep on back and middle of head. Margins were everted.
REMARKS Death in this case was due to shock and haemorrhage due to the injuries which were antimortem and sufficient to cause death in ordinary course of nature. Both injuries were result of firearm weapon.
The probable time that elapsed between injury and death, about few minutes and between death and post mortem was 09 hours.
INJURIES OF MUHAMMAD IQBAL (ACCUSED)
DECEASED
1. A fire arm wound 0.5cm x 0.5 cm x going deep on the outer and lower part of right thigh. The margins were inverted i.e. wound of entry . The underline bone i.e. femur was fractured.
2. A fire arm wound 2cm x 1.5 cm on inner side of right knee joint. Margins were everted i.e. the exit would of Injury No. 1.
3 A fire arm would 1 cm x 1 cm on back and middle of right lower leg. The margins were inverted i.e. the wound of entry .
4. A fire arm wound 4 cm x 3 cm into going deep on front of right lower leg. Under Injury No. 3 and 4, the tibia bone was fractured. The Injury No. 4 is the exit wound of Injury No. 3.
5. A fire arm wound 1 cm x 1 cm into going deep on right and back of skull.
6. A fire arm wound 6 cm x 4 cm into going deep on back and left side of skull. The brain matter was coming out of the Injury No. 6. This injury was exit wound of Injury No. 5. Under these injuries, the bone was fractured and brain matter was shattered.
REMARKS The cause of death in this case was due to shock and haemorrhage due to the injuries which were antimortem and which were suf ficient to cause death in ordinary course of nature. The injuries were caused by fire arm.
Probable time that elapsed between injury and death about 11/2 hour and death and postmortem, eight and half hours.
7. On the other hand, statements of the appellants were recorded under section 342, Cr.P.C. who refuted the allegations so leveled against them. Appellants neither opted to appear as witness under section 340(2), Cr.P.C. nor produced any oral defence evidence, however , they produced documents Exh.DA to Exh.DD/1 in their defence and in reply to question "Why this case against you and why the PWs deposed against your Dilawar Abbas @ Billu appellant replied as under: "This case was constructed against me out of suspicion and high handedness of police. No eye witness of this case has ever appeared against me to show my individual act and commission of the alleged offence. All the PWs are interested and related inter-se. Police officials, PWs are not independent witnesses. No independent witness was produced by the prosecution to prove its case."
Likewise in reply to question "Why this case against you and why the PWs deposed against you?" Akhtar Ahsan appellant replied as under: No prosecution/eye witness including complainant implicated me in this case.
Likewise in reply to question "Why this case against you and why the PWs deposed against you?" Shaukat Ali appellant replied as under: "No prosecution/eye witness including complainant implicated me in this case."
8. After conclusion of the trial; learned trial Court convicted the appellants with above said sentences. Hence these three appeals.
9. Learned counsel for the appellants have Contended that:--
(i) Impugned judgment of the trial Court is against law and facts on the file and is liable to be set-aside.
(ii) that the prosecution has failed to prove its case against the appellants as there are many major discrepancies in the statements of the PWs and the learned trial Court has convicted the appellants on the basis of surmises and conjectures;
(iii) it is contended that the impugned judgment of the trial Court is not maintainable in the eyes of law;
(iv) lastly submitted that appeals may be accepted and impugned judgment of the trial Court may kindly be set aside and appellants may be acquitted.
10. On the other hand, learned D.P.G duly assisted by learned counsel for the complainant has vehemently opposed the appeals and submitted that:--
(i) the prosecution has proved its case beyond any shadow of doubt against the appellants with solid evidence and prayed for the dismissal of the appeals.
11. We have heard the learned counsel for the parties as well as learned D.P .G and perused the record.
12. The detail of prosecution case has already been given in para-2 of this judgment therefore, there is no need to repeat the same to avoid the duplication and repetition.
13. Shehzad Maqsood were murdered, Naveed Ahmad injured PW-4 and Muhamm ad Rauf injured PW-7 sustained injuries during the occurrence took place in the house of complainant at 12.30 a.m. (night) on 24.12.2003 regarding which FIR was registered on 24.12.2003 at 1.50 a.m. (night) on the statement Exh.PC made by Muhammad Maqbool complainant PW-5 (real brother of Maqsood deceased, Muhammad Rauf injured PW-7 and maternal uncle of Shehzad deceased and Naveed Ahmad injured PW-4). Following accused have been introduced by the prosecution:-- 1.Behzad These two accused have been acquitted by the trial Court through the impugned judgment.2.Atique-ur Rehman 3.Aslam Gujjar Both these two accused have died 4.
Dr. Nazir 5.Muhammad Iqbal This accused also sustained firearm injuries during the occurrence thereafter was killed by one Mithu Dogar on the way to the hospital as stated by Muhammad Arshad PW-8.
6.Tauqeer Trial of this accused is being conducted by the lower Court as stated by learned counsel for the complainant.
7.Dilawar Abbas 8.Akhtar Ahsan Appellants 9.Shaukat Ali Naveed Ahmad injured PW-4, Muhammad Maqbool complainant PW 5 and Muha mmad Rauf injured PW-7 claim themselves to be the eye witnesses of the occurrence. Shaukat Ali and Akhtar Ahsan appellants have not been nominated in the FIR rather have been introduced as accused through supplementary statement made by Muhammad Maqbool complainant PW-5 recorded separately in the year 2008 with the delay of about four years from time of occurrence (24.12.2003 at 12.30 a.m.).
14. Pervez Akhtar S.I. PW-20 stated in his Statement (examination-in-chief) that on 16.05.2008 Shaukat Ali @ Qutab Ali was sent to judicial lock. Likewise, Akhtar Ahsan appellant was arrested on 16.05.2008, thereafter he too was sent to judicial lock up. Learned DPG submits that nothing was recovered from appellants Shaukat Ali and Akhtar Ahsan. No formal identification parade has been held for identification of above said two appellants (Shaukat Ali @ Qutab All and Akhtar Ahsan). Muhammad Maqbool complainant PW-5 stated in his statement (examination-i-chief) that during investigation Shaukat Malka and Ahsan Hassan were also implicated by the police in the Case. He (Muhammad Maqbool complainant PW-5) did not State in his State ment (examination-in-chief) that he has implicated them in his supplementary statement. Learned DPG submits that no other incriminating material is available against these two 'appellants (Shaukat Ali and Akhtar Ahsan).
15. So far as Dilawar Abbas @ Billu appellant is concerned, he (Dilawar Abbas @ Billu along with Muhammad Aslam accused (since dead) and Muhammad Iqbal (since killed) has been nominated in the FIR. According to the FIR Exh.PC/1, on 24.12.2003 he (Muhammad Maqbool complainant PW-5) along with other family members were sleeping in his house, at about 12.30 a.m. (night) 6-unknown accused persons armed with firearms with muffled faces, came to Court yard of his house, during the commission of the dacoity , veil of one of the dacoits removed, who was identified as Aslam Gujjar (since dead) by Muhammad Maqbool complainant PW-5, on his shouting, his brother Maqsood deceased grappled with one of the dacoits whereas Muhamm ad Rauf injured PW-7, Naveed Ahmad injured PW-4 and Shehzad deceased also grappled with other accused, veils of the dacoits were removed, one of those was Dilawar Abbas @ Billu, all the accused made firing as a result of which Naveed Ahmad injured PW-4, Muhammad Rauf injured PW-7 sustained injuries, whereas Maqsood and Shehzad deceased died at the spot due to said firearm injuries. One of the dacoits (Muhammad Iqbal since dead) also sustained firearm injuries during the occurrence.
16. Dr. Munir Ahmad PW-15 who conducted postmortem examination on the dead body of deceased Shehzad observed two firearm injuries on his person whereas he (Dr.Munir Ahmad PW-15) observed single firearm entry wound on the person of Maqsood Ahmad deceased.
17. Dilawar Abbas @ Billu appellant has not been attributed any specific injury on the persons of these two deceased (shehzad and Maqsood) as well as on the persons of Naveed Ahmad injured PW-4 and Muhammad Rauf injured PW-7. These two injured witnesses (Naveed Ahmad injured PW-4 and Muhammad Rauf injured pw-7) while appearing before the trial Court also did not attribute any injury on their persons as well as on both the deceased to Dilawar Abbas @ Billu appellant. They have also not stated in their statements (examination-in-chief) that Dilawar Abbas @ Billu appellant is the person (who was present during the trial before these two witnesses) who is One of the culprits of the case rather Muhammad Rauf injured PW-7 stated in his statement (examination- in-chief); that as a result of scuffling with the accused, the accused unveiled and at that time Muhammad Maqbool complainant PW-5 shouted that one of them was Dilawar Abbas @ Billu and others two are Muhammad Iqbal and Muhammad Aslam (since dead). Naveed Ahmad injured PW-4 stated in his statement (examination-in-chief) that during scuffling accused were unveiled and he and other PWs also identified them, Iqbal (since killed) told that his co-accused were Tauqir , Aslam and Dilawar Abbas @ etc. These two witnesses (Naveed Ahmad injured PW-4 and Muhammad Rauf injured PW-7) did not depose in their statements (examination- in-chief) that the person whose name Dilawar Abbas @ Billu shouted by the complainant or disclosed by Iqbal accused (since killed), is now present before the trial Court as at that time five accused were facing the trial discussed above (accused Akhtar Ahsan, Shaukat Ali, Atiq ur Rehman and Behzad were nominated in the supplementary statemen whereas Dilawar Abbas @ Billu was nominated in the FIR) Dilawar Abbas @ Billu appellant was not arrested at the time of occurrence at the place of occurrence rather was arrested on 10.03.2008 after about more than four years of the occurrence (24.12.2003) when he was in judicial lock up in case FIR No. 201 dated 19.12.2007 under Section 395/381-A, PPC P.S. Chotala District Jhelam well mentioned in the application Exh.PT/3. Muhammad Maqbool complainant PW-5 although stated in the statement (examination-in-chief) that during scuffling dacoits were unveiled and he (Muhammad Maqbool complainant PWs) identified accused Dilawar Abbas @ Billu but he did not state in his statement (examination-in-chief) that said Dilawar Abbas @ Billu is now present before the trial Court and he identifies him. PW-8 Muhammad Arshad stated in his statement (examination-in-chief) that Muhammad Iqbal, who was killed during the commission of occurrence, disclosed the name of accused Aslam Gujjar (since dead) Tauqeer (under trial) and Dilawar Abbas @ Billu appellant, to police.
18. Considering the peculiar circumstances of this case we are of the view that identification of Dilawar Abbas @ Billu appellant is not free from doubt. Learned DPG submits that nothing was recovered from Dilawar appellant except 222 rifle which is inconsequential in the present case in absence of positive report of Forensic Science Laboratory regarding matching of crime empties with the weapons of of fence.
19. In view of the above discussion, we entertain serious doubt in our minds regarding participation of the appellants in the present case. It is settled by now that for giving benefit of doubt, it was not necessary that there should be many circumstances creating doubts. If there is a circumstance which creates reasonable doubt in the prudent mind about the guilt of the accused, then he would be entitled for the same not as a matter of grace and concession but as of right. Reliance is placed on case titled "Muhammad Akram v. The State " (2009 SCMR 230) in which Hon'ble Supreme Court of Pakistan has observed at page 236 as under: "The nutshell of the whole discussion is that the prosecution case is not free from doubt. It is an axiomatic principle of law that in case of doubt, the benefit thereof must accrue in favour of the accused as matter of right and not of grace. It was observed by this Court in the case of Tariq Pervez v. The State 1995 SCMR 1345 that for giving the benefit of doubt, it was not necessary that there should be many circumstances creating doubts. If there is circumstance which created reasonable doubt in a prudent mind about the guilt of the accused, then the accused wou Id, be entitled to the benefit of doubt not as a matter of grace and concession but as a matter of right".
20. For the foregoing reasons, criminal appeals filed by Dilawar Abbas @ Billuo, Shaukat Ali and Akhtar Ahsan appellants are accepted, convictions and sentences of the appellants (Dilawar Abbas @ Billu, Shaukat Ali and Akhtar Ahsan) awarded by learned trial Court through impugned judgment are set-aside and the appellants (Dilawar Abbas @ Billuo, shaukat Ali and Akhtar Ahsan) are acquitted of the charges. Dilawar Abbas @ Billu appellant is directed to be released forthwith if not required in any other case. Akhtar Ahsan and Shaukat All appellants are on bail, their bail bonds stands sentence discharged. Murder reference is answered in NEGA TIVE and death sentences of appellants (Dilawar Abbas @ Billu, Shaukat Ali and Akhtar Ahsan) are NOT CONFIRMED .
21. Before parting with this judgment, it is observed that trial of co-accused Tauqeer is being conducted by the trial Court. His case shall be decided by the learned trial Court on its own merits without being influenced from this judgment and observations made hereinabove are strictly confined to the disposal of these three appeals.