Law:

Section:

Keywords: Order, Production, Set Aside, Trial Court, Defence, Prosecution, Place, Conviction, Defence Witness, Possession, Recovery, Hearing The Arguments, Retrial, Evidence Result: Appeal allowed JUDGMENT Appellant Budho has been convicted by the learned Additional Sessions Judge, Tharparkar at Sangher under section 13 (e) of the West Pakistan Arms Act, 1965 and sentenced to six months R. I. He has now appealed against his said sentence and conviction. 2. At the trial of the appellant two witnesses '"re examined by the prosecution who are A. S. I. P. Kalandar Bux (P. W. 1) complainant in this case and A. S. I. P. Mohamed Rafique. The appellant was charged with the crime that one country made .12 bore pistol and two cartridges were recovered from his possession for which he had no licence. The appellant denied the allegation of this recovery of the fire-arm from him and has examined Toohar as his defence witness who was disbelieved. 3. But none of the two prosecution witnesses who have been examined at the trial has produced the alleged pistol and cartridges said to have been recovered from the possession of the appellant and marked as crime article in the evidence giving it a number or proper exhibit number. In the absence of production of these crime articles in the prosecution evidence the learn counsel for the appellant has contended that where is the assurance that in such an eventuality it can be said that thee pistol and the cartridges were actually…

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