IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Rev. Appln. No. S- 28 of 2016

 

Applicants:                           Sahib, Rahib, Munir, Saleh, Qurban alias Eido, Baharo, Sallar, Sulleman, Sultan (now died) Attur, Rano and Farooque, through Mr. Noushad Ali Taggar, Advocate

Respondent:                        The State, through Syed Sardar Ali Shah,

                                                Deputy Prosecutor General

 

Complainant:                       Haji Muhammad Mithal, through Mr. Mir Nawaz Kalhoro, Advocate

 

Date of hearing:                 22.04.2019

Date of decision:                22.04.2019

                       

ORDER

 

Irshad Ali Shah, J;- It is alleged that the applicants after having formed an unlawful assembly and in prosecution of their common object by using criminal force set the wheat crop of complainant Haji Muhammad Paryal on fire and then went away by making aerial firing and maltreating the complainant and his witnesses, for that they were booked and reported upon by the police.

2.                    On conclusion of the trial, the applicants were convicted and sentenced to various terms by learned trial Magistrate by way of judgment dated 29.01.2016 which they impugned by way of filing an appeal, it was dismissed by learned appellate Court vide judgment dated 15.02.2016 which they have impugned before this Court by way of instant Criminal Revision Application.

3.                    It is contended by learned counsel for the applicants that they being innocent have been involved in this case falsely by the complainant party in order to satisfy their dispute with the over landed property, the evidence which the prosecution produced in its case being inconsistent and unreliable has been believed by learned trial Magistrate and appellate Court without lawful justification. By contending so, he sought for acquittal of the applicants.

4.                    Learned DPG for the State record no objection to the acquittal of the applicants while learned counsel for the complainant sought for dismissal of the instant Criminal Revision application by supporting the judgment of the learned trial Magistrate and appellate Court.

5.                    I have considered the above arguments and perused the record.

6.                    The FIR of the incident has been lodged with delay of three hours, such delay could not be overlooked, the complainant and his witnesses are related inter se, mashir Khaliq Dino being resident of Mithiani has not been able to justify his availability at the place of incident, there is general allegation, the parties admittedly are disputed over landed property. In that situation, it could be concluded safely that the prosecution has not been able to prove its case against the applicants beyond shadow of doubt.

7.                In case of Mehmood Ahmed & others vs. the State & another (1995 SCMR-127), it was observed by the Hon’ble Court that;

“Delay of two hours in lodging the FIR in the particular circumstances of the case had assumed great significance as the same could be attributed to consultation, taking instructions and calculatedly preparing the report keeping the names of the accused open for roping in such persons whom ultimately the prosecution might wish to implicate”.      

 

8.                In case of Tarique Pervez vs. The State (1995 SCMR 1345), it has been held by Hon’ble Apex Court that;

For giving benefit of doubt to an accused it is not necessary that there should be many circumstances creating doubt- if a simple circumstance creates reasonable doubt in a prudent mind about the guilt of the accused, then he will be entitled to such benefit not as a matter of grace and concession but as a matter of right.”

 

9.                    For what has been discussed above, the judgments of learned trial Magistrate and appellate Court are set-aside. Consequently, the applicants are acquitted of the offence for which they were charged, tried and convicted, they are present in Court on bail (except Sultan, who now has died) their bail bonds are cancelled and sureties are discharged.

10.                  Instant Criminal Revision Application stands disposed of in above terms.

Judge

 

ARBROHI