Sadaqat Ali Khan, J.--Appellant (Muhammad Qasirn) has been tried by learned trial Court in case FIR No. 137 dated 19.06.2014 offence under Section 302, PPC Police Station Tanda, District Gujrat and was convicted and sentenced vide judgment dated 06.07.2017 as under: Muhammad Qasim (appellant)
U/S. 302 (b), PPCSentenced to DEATH for committing Qatl-i-Amd of Shamsa Kanwal deceased - with compensation of Rs. 3,00,000/- payable to the legal heirs of deceased under Section 544-A, Cr.P.C, and in default thereof to undergo simple imprisonment for six months.
2. Appellant has filed this criminal appeal against his conviction and learned trial Court has sent Murder Reference for confirmation of his death sentence or otherwise which are being decided through this single judgment.
3. Brief facts of the case have been stated by Qaiser Mahmood complainant P.W.8 in his statement before the learned trial Court, which is hereby reproduced for narration of the facts: On 18.06.2014, Mst. Shamsa Kanwal (deceased) informed me on telephone that her "Dewar" Muhammad Qasim (accused present in the Court) had quarreled with her and she was married with Noman in village Marri Khokharaan. On the same day, I alongwith my father Muhammad Gulzar and Muhammad Ghafoor . PW went to the house of Shamsa Kanwal at village Marri Khokharaan to inquire about the matter of quarrel. We stayed night in the house of Mst. Shamsa Kanwal. On 19.06.2014 at about 2:00/2:15 pm, accused again started quarrel with Shamsa Kanwal in our presence and in the mean while he went inside of his room and brought out gun .12 bore double barrel and he fired at Mst. Shamsa Kanw al which hit her on back of right chest. I alongwith my father Muhammad Gulzar and Muhammad Ghafoor PW witnessed whole of the occurrence. Mst. Shamsa Kanwal succumbed to the fire shot injury at the spot while the accused while waving his gun in the air succeeded to flee away from the spot.
4. Arguments heard. Record perused.
5. Shamsa Kanwal was done to death on 19.06.2014 at 2:15 p.m. in the house of her husband Nauman Ali (real brother of the appellant), FIR was lodged on the same day i.e. 19.06.2014 at 2:35 p.m on the statement made by her brother Qaiser Mahmood complainant P.W.8, who and his father Muhamma d Gulzar P.W.7 while claiming themselves to be the eye-witnesses of the occurrence stated in their statements before the learned trial Court that on the day of occurrence, they went to the house of the deceased to inquire about the quarrel allegedly took place between the appellant and the deceased , informed by the deceased on telephone but no call data in this respect has been produced. Both these witnesses are resident of Seekarwali, Tehsil Kharian, District Gujrat and were not resident of Mari Khokharan where the house of occurrence is situated. They were the chance witnesses, but have failed to establish their presence at the place of occurrence at the time of occurrence with their stated reasons.
Reliance is placed on case titled "Muhammad Rafique us. The State" (2014 SCMR 1698 ).
6. Post-mortem report shows that dead body of the deceased was received in the dead house on 19.06.2014 at 8:00 p.m., police papers were received at 8:15 p.m. whereafter post-mortem exam ination was conducted at 8:30 p.m. with the delay of about more than 6-hours from the time of occurrence i.e. 19.06.2014 at 2:15 p.m. Such delay is generally suggestive of a real possibility that time had been consumed by the police in procuring and planting eye-witnesses and in cooking up a story for the prosecution before preparing police papers necessary for getting a post-mortem examination of the dead body conducted. Reliance is placed on case titled "Irshad Ahmad vs. The State" ( 2011 SCMR 1 190).
7. Maraaj Baig S.I. P.W.9 stated in his statement before the learned trial Court that on 24.06.2014, Muhammad Qasim appellant was arrested, who on 29.06.2014, during interrogation disclosed and got recovered gun .12-bore from his house. Report of PFSA Ex.P.M. shows that crime empty and .12-bore gun were received in the office on 21.07.2014 together . In such eventuality , possibility of manufacturing of the crime empty before its dispatch to the said agency cannot be ruled out of consideration, hence, this report Ex.P.M is not believable which is hereby discarded.
8. In view of the above discussion, we entertain serious doubt in our minds regard ing participation of Muhammad Qasim appellant in the present case. It is settled principle of law that for giving benefit of doubt, it is not necessary that there should be many circumstances D creating doubt. If there is a circumstance which creates reasonable doubt in the prudent mind about the guilt of the accused, then he would be entitled to its benefit not as a matter of grace or concession, but as of right. Reliance is placed on case reported as "Muhammad Akram vs. The State"
(2009 SCMR 230 ).
9. For the foregoing reasons, the instant criminal appeal filed by Muhammad Qasim appellant is accepted, his conviction and sentence awarded by the learned trial Court through the impugned, judgment are hereby set aside.
Muhammad Qasim appellant is acquitted of the charge and is directed to be released forthwith if not required in any other case. Murder Reference is answered in NEGA TIVE and death sentence of the appellant Muhammad Qasim is NOT CONFIRMED.