Law: Arms Ordinance (XX of 1965)

Section: 13

Arms Ordinance, 1965-- ----S. 13--Appeal--Conviction of--Pistol in question has not been shown to recovered from the personal possession of the appellant/convict, nor upon his pointation--Said pistol was recovered from front window of room of the hostel where appellant-convict, and deceased were present on the relevant night--Prosecution also successfully proved that the said pistol was used by the appellant-convict in the commission of murder of the deceased through recovery of license of the pistol from the father of appellant-convict and positive report of Firearms Expert--PWs were subjected to lengthy cross-examination, however, no material contradiction could be brought on record to shatter their credibility--Prosecution successfully proved its case against the appellant-convict, beyond any shadow of doubt--Appeal dismissed. THIS JUDGMENT DELIVERED BY: ARSHAD ALI, J.- Appellant-convict Mehtab S/o Ayub has filed instant appeal against the conviction and sentence passed against him by the learned Additional Sessions Judge-II, Abbottabad, vide judgment dated 05.06.2015 in case FIR No. 1057 dated 17.09.2013 under Section 13 AO of Police Station Cantt: Abbottabad, whereby the appellant-convict was convicted under Section 13 of the Arms Ordinance and sentenced to suffer one year SI. He was further ordered to pay Rs. 2000/- as fine or in default of payment of fine, he shall further suffer fifteen days simple imprisonment. Benefit of Section 382-B, Cr.P.C. was extended to him. 2. The case vide FIR No. 1057 dated 17.09.2013 was registered under Section 302, PPC on the basis of Murasila, whereby the incident of murder of deceased Muhammad Azhar was reported by present appellant. Later, during course of investigation, the present petitioner was found to be the culprit and was thus arrayed as accused in the main case. During investigation in the main case, on 17.09.2013, the Investigating Officer recovered one .30 bore pistol Bearing No. 101630 lying in front of the window of room, where the murder of deceased was committed. Later, the father of the appellant produced license of the recovered pistol and the appellant also confessed his guilt before the learned…

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