1. MUKHTAR AHMED JUNEJO, J.---This acquittal appeal has been filed by Alam Khan against a judgment dated 21-7-1991 by the Lahore High Court in Criminal Appeal No,273/89 acquitting Swans Khan, Muhammad Yam in and Nasrullah who along with Gulmawaz were tried in the Court of Additional Sessions Judge, Mainsail for having committed murder of Moored Abbas and Sher Muhammad on 17-8-1987 at 5-00 p.m. At Adda of village Harnoli, District Miangiali. Case against the respondents and co-accused Gull mawaz was registered at Police Station Poplin, District Mainsail on 17-8=1987 at 6-30 paid on report of appellant Alam Khan.
2. ' According to the report, on 17-8-1987 at 5-00 p.m. Appellant Alain Khan along with deceased Murid Abbas and Sher Muhammad, was going to Adda of Harnoli, when near "Chungi Adda" he remained busy in talk with his uncle Fateh Muhammad. Murid Abbas and Sher Muhammad proceeded ahead and on reaching the Adda, they were accosted by respondent Swans, who was armed with DB gun and who challenged them and then fired two shots at Murid Abbas, who received the same over his person and fell down and died at the spot. Seeing this, Sher Muhammad ran towards north to be chased by Swans. In the meantime, respondents Muhammad Yamin and Nasrullah armed with guns, joined Swans and tired one shot each at Sher Muhammad, who received the same. Nasrullah fired another shot at Sher Muhammad, who had gone beyond the shops towards north. He was being chased by Nasrullah and Muhammad Yamin, within the sight of P.W. Raza Muhammad sitting in a hotel. Sher Muhammad succumbed to the injuries and fell down. Last shot was fired at hirn by Muhammad Yamin. Besides Alam Khan, the incident was witnessed by Raza Muhammad, Fateh Muhammad and Khurshid Ali Shah. The incident was said to have taken place, in retaliation of murder of Khalas, brother of respondent Swans in 1984. In that case Ashiq, Abdul Wahid and Khan Muhammad brothers of Alam Khan were said to have been challenged. Murid Abbas and Sher Muhammad were said to be maternal uncle and father's sister's son respectively of Ashiq and others, accused in case of Khalas. After registering the case, S.H.O.
3. Faiz Muhammad of Police Station Poplin took over the investigation, during the course of which he secured an empty P.19 from the place where dead body of Sher Muhammad was lying, and two empties P.17 and P.18 from the place where dead body of Murid Abbas was lying and sealed them.
4. Under a memo Exh. PB, the SHO secured licensed gun P.12 with copy of license P.13 of respondent Swans. The gun P.12 was sent with empties P.17, P.18 and P.19 to the ballistics expert, whose report Exh.PU was in the positive. Ultimately the respondents were sent up.
5. ' At end of the trial, learned Trial Court under a judgment dated 11-3-1989 acquitted Gulmawaz, but convicted remaining accused for the offence punishable under section 302 of P.P.C. Swans was sentenced to death and to pay fine of Rs,5,000 or to undergo R.I. For two years, for having murdered Murid Abbas. Yamin and Nasrullah were sentenced to death and life imprisonment respectively for having murdered Sher Muhammad. They were also imposed fine of Rs,5,000 each or to suffer further RI for 2 years.
6. ' The convicts filed Criminal Appeal No,273 of 1989 in the Lahore High Court challenging their conviction and sentence. Murder Reference No,84 of 1989 was moved by the Trial Court for confirmation of the death sentence of Swans and Muhammad Yamin. There was also Criminal Revision No,416 of 1989 by the appellant for enhancement of the sentence of fine.
7. ' Under the impugned judgment dated 21-7-1991, a learned Division Bench of the High Court acquitted all the three convicts and dismissed appellant's revision and the murder reference.
8. Under an order dated 13-3-1993, this Court declined leave to appeal in respect of Muhammad Yamin and Nasrullah, but granted leave to appeal in respect of respondent Swans for re- examining his acquittal.
9. ' Raja Muhammad Anwar, learned counsel for the appellant argued that ocular evidence coming from Alam Khan P.W.8 and Raza Muhammad P.W.9, coupled with recovery of gun, from respondent Swans, from which empties secured from the scenes of incident were proved to have been fired, was sufficient evidence to bring home the charge to respondent Swans. In respect of Raza Muhammad P.W.9 it was conceded that he did not belong to the village where the incident occurred, but it was argued that in the District of Mainsail the witnesses of locality seldom appear for evidence against any accused. It was further argued that the F.I.R. Was lodged promptly and that name of Swans was mentioned in the F.I.k. Where he was assigned specific role. It was further .Argued that although Raza Muahmmad P.W.9 was not a person of the locality, but he had explained his presence at the scene of incident and he was an independent witness and his evidence could not be brushed aside. In this respect learned counsel took support of certain observations made in the judgment of the Trial Court, where it was mentioned as below:-- ' In this case two persons were murdered one after the other. There would be state of turmoil and pandemonium. The place of occurrence is a busy place. There are shops around. Nervousness always prevail in such-like locality when firing takes place and people start to run away in wilderness and in such circumstances, it is not possible for the witnesses to give precise and accurate details of the result of shots fired by the accused."
10. ' Learned counsel also referred to paragraph 22 of the Trial Court's judgment where a question by defense counsel put to Alam Khan P.W.8 was taken to be admission by respondent Swans that he was present at the scene of incident at the relevant time. From the question put, the Trial Court construed not only that Swans was present but that he was armed with a gun. Learned counsel for the .Appellant also referred to an observation by aba Trial Court, that the eyewitnesses had specifically mentioned names of the assailants am; !Lad assigned them specific role and hence the accused were required to rebut such evidence by leading defense.
11. ' Mr. Ejaz Hussain Batalvi, learned counsel for respondent Swans argued that the eye-witnesses were disbelieved by the Trial Court in respect of Gulmawaz and by the High Court in respect of all the accused and by this Court in respect of Muhammad Yamin and Nasrullah and hence the same cannot be believed in respect of Swans. It was further argued that Sans was not even alleged to have fired at deceased Sher Muhammad and it was an example of fabrication that a crime empty secured from near the dead body of Sher Muhammad was also shown to have been fired from the gun secured from Swans. Learned counsel referred to the inquest report about the dead bodies and argued that they did not show if empties were -Recovered from the scenes of incident.
12. Learned counsel for the respondent refeared to the evidence of Faiz Muhammad P.W.10, who admitted that columns in the inquest report relating to the articles found near the dead body were blank and that the memos pertaining to recovery of empties were not attested by any shopkeeper of the vicinity. Learned counsel for the respondent referred to the judgment by the High Court giving reasons for acquittal of the three convicts including Swans.
13. It is a settled position of law that the superior Courts act slowly in interfering an order of acquittal, unless grounds for acquittal are perverse or wholly illogical or unreasonable. In the case of Abdul Majid v. Superintendent and R.L.A., Government of East Pakistan (PLD 1964 SC 422), this Court took view that in setting aside an acquittal in a case which rested wholly on direct evidence of witnesses, due importance must be given to the rule which runs through the criminal jurisprudence of our country as a golden thread that the benefit of every doubt must go to the accused person. It was held in said case that where a Judge has read the evidence fairly and has formulated grounds of doubt which are not perverse or wholly illogical or unreasonable, there is a clear risk of departure from the rule of benefit of doubt in reversing the findings. In the case of Muhammad Nazir v.
14. Muhammad Ali and another (1986 SCM R 1441), a learned Bench of this Court took view that even if there is possibility of some difference of opinion regarding appreciation of evidence, it is not a case in which it can safely be said that the reasoning of the High Court is impossible. It was further held in said case that mere existence of another possibility regarding appreciation of evidence is not a good ground for setting aside a judgment of acquittal. In the case of Ghulam Sikandar and another v. Mamaraz Khan and others (PLD 1985 Supreme Court 11) it was held that in an appeal against acquittal the iSupreme Court would not on principle ordinarily interfere, and instead would give due weight and consideration to the findings of Court acquitting the accused.
15. Flaws in the prosecution evidence of this case have been highlighted by he High Court under the impugned judgment. It has been mentioned that there were 40 to 50 shops at the scene of incident according to P.W.9, but none of them was cited as an eye-witness and the persons mentioned as eye-witnesses were related to the deceased and even the recoveries were affected not in presence of any resident of the area. There is force in the contention, that the evidence which was not believed in respect of Nasrullah and Muhammad Yamin cannot be believed in respect of Swans. Report of the expert Exh. PU that the empty P.19 recovered from the place near the dead body of Sher Muhammad under memo Exh.PG was also fired from the gun P.12 secured from Swans under memo. Exh.PB, reflects badly on honesty of the investigation.
16. ' In "view of the inherent weaknesses in the prosecution evidence and in light of the case-law discussed above, we are not inclined to interfere with acquittal of Swans. Consequently this appeal stands dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.