Law:

Section:

(a) Pakistan Arms Ordinance (XX of 1965)---.--- ---.---S. 13(d)---.---Criminal Procedure Code (V of 1898), S. 103---.---Keeping arms without licence---.---Appreciation of evidence---.---Public/independent witnesses not associated with arrest and recovery---.---Effect---.---Prosecution/police witnesses were contradictory regarding the place from where the accused was arrested and the arm recovered---.---No public/independent witnesses had been associated in the recovery proceedings---.---Evidence of the police official, needed independent corroboration---.---Requirement of S. 103, Cr.P.C. had not been complied with, which had made the recovery of articles doubtful---.---Impugned conviction and sentence, therefore, was not legal and proper---.---Joint memo of recovery and arrest of two separate cases had been prepared in the case against present accused and the other accused respectively, and the prosecution, on the basis of same memo, had failed to prove the case beyond reasonable doubt against the latter, who had been acquitted, and said order of acquittal had not been impugned---.---Benefit of the acquittal in the connected case on the same joint memo of recovery was extended to present accused, particularly, when the complainant/Investigation Officer had admitted that he had not produced the certificate of District Armour---.---Complainant had deposed that the case property had been sent to the Ballistic Expert in murder case for report, which was positive, but the prosecution had failed to produce said report, which also created doubt as to the alleged recovery---.---Case property and the live bullets had neither been produced in the court nor shown to the accused at the time of his statement under S. 342, Cr.P.C.---.---Appeal against conviction was allowed accordingly. Khalid Mahmood v. The State 1994 PCr.LJ 552; Arif Khan v. the State 1998 PCr.LJ 1287; Rehmat Ali v. The State 1994 PCr.LJ 475; Mukhtar Ahmed v. The State 1999 PCr.LJ 222; Sajjan v. The State 1998 PCr.LJ 1399; Abdul Sattar v. The State 2002 PCr.LJ 51; Sobho v. The State 1994 PCr.LJ 158; Sarwar Khan v. The State 2000 PCr.LJ 779 and Abdul Sattar v. The State 2000 PCr.LJ 51 rel. (b) Criminal…

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