Law:

Section:

(a) Pakistan Arms Ordinance (XX of 1965)--- ----S.13(d)---Possession of illegal weapon--Appreciation of evidence---Weapon not sealed on the spot---Report of Ballistic Expert not obtained----Independent witnesses not engaged---Enmity with police alleged---Effect---Accused and co-accused persons were challenged by police at a checkpoint because of which they allegedly fired at the police with the intention to kill---Two F.I.Rs. were registered for the case, one under Ss. 324, 354, 148 & 149, P.P.C and the other under S. 13(d) of Pakistan Arms Ordinance, 1965---Joint mashirnama was prepared for both F.I.Rs.---Trial Court convicted the accused under S. 13(d) of Pakistan Arms Ordinance, 1965--- Validity--- Joint mashirnama was prepared for both the F.I.Rs. and both cases were tried and decided by the same court---Trial Court disbelieved the prosecution evidence in one case and more or less on the same evidence convicted accused without assigning any sound reasons---Weapon recovered from accused had neither been sealed at the spot nor was it sent to ballistic expert along with empties for examination and report---Tampering of evidence in such circumstances could not be ruled out---Plea of accused that he was in police custody prior to registration of F.I.R. in question had been disbelieved by the Trial Court without assigning any cogent reason---Police had prior spy information therefore it had sufficient time to call independent and respectable persons of locality to make them mashirs but same had not been done---Testimony of police officials appeared to be unnatural and untrustworthy, particularly in the background of enmity alleged with police officials---Prosecution had not produced arrival and departure entries for the satisfaction of the Trial Court---Prosecution case was full of doubts, benefit of which had to be extended to the accused---Appeal was allowed, conviction and sentence awarded by Trial Court was set-aside and accused was acquitted of the charge. (b) Criminal trial--- ----Appreciation of evidence---Crime weapon---Sealing at place of incident---Importance---Wisdom behind sealing the weapon at place of incident was to eliminate the possibility of…

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