JUDGMENTRASHID AZIZ KHAN, J.- Dost Muhammad along with 9 others was sent up for trial by Police Station Old Anarkali, Lahore, for an offence under section 399 PPC. The case came up for trial before Special Court No.IV, Suppression of Terrorist Activities, Lahore Division, Lahore, who. Vide judgment dated 13.3.1991 convicted and sentenced Dost Muhammad appellant .Under section 399 PPC to i.e years R.1, with a i.e of Rs.20,000/-, or in default one year R.L The convict has appealed. This judgment shall dispose of the same.
2. Prosecution story in brief, was that on 6.2.1989 Mian Nazir Ahmad, Inspector/SHO, PW-6, received secret information that certain people were making preparation for committing dacoity, while armed with lethal weapons. The information was that they were in Suzuki-Pickup, bearing No.LHN- 3060, on Lodge Road, Lahore. In pursuance of said information raid was conducted, whereupon the appellant along with others was apprehended after chasing them. The appellant was armed with a Kalashnikov P.I, with 25 bullets P. 12/1-25, three magazines P.13/1-3 and a bandoliar P.14, which were secured vide memo Exh.PN. After usual investigation they were challaned.
3. Prosecution had produced sue witnesses in support of its case. The appellant had denied his involvement in the commission of the offence.Learned counsel for the appellant at the very out set submitted that sue appeals of the co-convicts of the appellants were taken up for hearing before a Division Bench of this Court, and the same were accepted on 31.7.1991 solely on the ground that there was no evidence whatsoever, which could suggest that the appellants were making preparation for commission of dacoity. Asserted that since the appellant was co-accused in the same case, therefore, he would also be entitled to acquittal. Learned counsel for the State has conceded it.
4. We have heard the learned counsel. Six appeals were accepted solely on the ground that the appellants were sitting in a Suzuki Pick-up, armed with guns. This in itself would hardly constitute an offence of making preparation for committing dacoity. Therefore, relying upon the judgment of the Division Bench of this Court in Crl. Appeal No.304/199l, decided on 31.7.1991, we accept the appeal, set aside the conviction of the appellant. He shall be released forthwith, if not required in any other case.