Law:

Section:

Penal Code (XLV of 1860)----- -----Ss. 302 & 34-----Pakistan Arms Ordinance (XX of 1965), S.13-----Criminal Procedure Code (V of 1898), S.345(2)-----Qatl-i-amd, common intention, possessing unlicensed arms-----Appreciation of evidence-----Accused, on the basis of compromise between the parties, was acquitted from the charge of murder under S.345(2), Cr.P.C., but his case under S.13 of Pakistan Arms Ordinance, 1965 was kept pending to be decided on its own merits-----Recovery memo. showed that on the pointation of accused, one pistol of 30 bore was recovered, but in the statement of two marginal witnesses, number of pistol was not mentioned-----Such material contradiction, could not be lightly ignored and could not be denied any benefit arising in prosecution evidence-----Investigating Officer, opted to pick two close relatives of deceased from a far flung area; but they also failed to give any reason of their presence at the place of recovery at the relevant time, which also created doubts-----Conviction of accused, recorded under S.13 of Pakistan Arms Ordinance, 1965, was set aside and he was acquitted from the charge-----Accused being on bail, his bail bonds were discharged, and his sureties, were also released from their liabilities. THIS JUDGMENT DELIVERED BY: MALIK HAQ NAWAZ, JUSTICE:----------- The appellant was booked under sections 302/34, P.P.C. vide FIR No. 16/13 of Police Station Gonar Farm Chilas and during investigation of the case an unlicensed 30 bore pistol was recovered from his possession and FIR 19/13 was lodged under Section-13 A.O. 2. After facing trial in the main offence he was convicted by the trial Court and vide judgment dated 30.4.15, he was found guilty for the murder of one Muhammad Azam and awarded life imprisonment and a fine of Rs. 300,000/- (Three lac) under section 544-A, Cr.P.C.. The appellant was also convicted under section 13 A.O. and awarded 1 year's RI. The appellant filed an appeal under section 410, Cr.P.C. before this Court, which was disposed of on 13.10.2015 by a Division Bench of this Court on the basis of compromise and the convict/appellant was acquitted from the charge of murder under section 345(2), Cr.P.C.,…

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