Law: Qanun-e-Shahadat (10 of 1984)

Section: 40

Law: Khyber Pakhtunkhwa Arms Act, (XXIII of 2013)

Section: 15

Law: Criminal Procedure Code (V of 1898)

Section: 103

(a) Qanun-e-Shahadat (10 of 1984)--- ----Art. 40---Criminal trial---Joint recovery---Proof---Recovery of incriminating articles on joint pointing of two or more accused persons is inadmissible under Art. 40 of Qanun-e-Shahadat, 1984. Ghulam Mustafa v. Ali Nawaz and 2 others 2020 MLD 1260 rel. (b) Khyber Pakhtunkhwa Arms Act (XXIII of 2013)--- ----S. 15---Criminal Procedure Code (V of 1898), S. 103---Recovery of unlicensed weapon--- Appreciation of evidence--- Recovery proceedings---Failure to associate public witnesses---Acquittal in murder case---Accused persons were convicted by Trial Court and sentenced to imprisonment for three years---Validity---Investigating officer failed to offer any plausible explanation to justify non-associating private witnesses with recovery of unlicensed weapons from the house of one accused---Prosecution failed to prove charge of murder against accused persons and they were acquitted by High Court in said case---High Court set aside conviction and sentence awarded to accused persons as prosecution failed to prove its case against accused persons beyond reasonable doubt--- Appeal was allowed in circumstances. JUDGMENT ISHTIAQ IBRAHIM, JUSTICE:---.--- Through this appeal, the appellants have challenged the judgment dated 15.09.2020 of the learned Additional Sessions Judge-I, Swabi passed in case FIR No. 416 dated 25.07.2019 under section 15, A.A of Police Station Yar Hussain, District Swabi, whereby they were convicted and sentenced to undergo three years R.I each with fine of Rs.10,000/- each. In default of payment of fine, they were directed to undergo further one months S.I each. Benefit of section 382-B, Cr.P.C. was extended to them. It is pertinent to note here that separate challan under section 15, A.A had been submitted against the appellants, as such, they have been convicted and sentenced through a separate judgment in the same FIR but inadvertently it was mentioned in the short order that the reasons of acquittal of the appellants will be later recorded in the connected Cr. A. No. 712-P/2020. The mistake being inadvertent, is rectified and this appeal is decided through a separate judgment independent of the murder case.…

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