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Penal Code (XLV of 1860)------Ss. 302(b)/34 & 397/34---West Pakistan Arms Ordinance (XX of 1965), S. 13---Qatl-e-amd, robbery with attempt to cause death, possessing unlicensed firearm---Appraisal of evidence---Occurrence was unseen--No crime empty having been secured from the spot, pistol recovered from accused was not connected with the offence---Identification parade held 26 days after the arrest of accused was of no value, particularly in presence of an objection by the accused to have been shown to the prosecution witnesses in the police station--Even otherwise, identification parade had only been held with regard to the last seen evidence and not regarding the main criminal transaction of murder---Prosecution had failed to prove its case against the accused beyond reasonable doubt---Accused was acquitted in circumstances. ORDER TASSADUQ HUSSAIN JILLANI, J.---Appellant Imran alias Manu was proceeded against in terms of the case registered vide F.I.R. No.429 dated 21-6-1999 under sections 302, 397 and 411, P.P.C. at Police Station Yazman, District Bahawalpur and F.I.R. No. 624 dated 31-12-1999 registered under sections 13/20/65 of Arms, Ordinance at Police Station Khair Pur Tamewali, District Bahawal Pur for the murder of Shan Muhammad brother of the complainant and for illegal possession of pistol respectively. The learned trial Court convicted the appellant and the co-accused namely Tariq Zafar and sentenced them for life imprisonment under section 302/34, P.P.C., seven years' RI under section 397/34, P.P.C. with a fine of Rs. 1,000, in default whereof to undergo SI for two months. They were also burdened with a fine of Rs.100,000 as compensation under section 544-A, Cr.P.C. in default whereof to undergo SI for six months. Appellant Imran alias Manu was also convicted by the trial Court under section 13 of the Arms Ordinance and sentenced to three years RI with a fine of Rs. 5000, in default whereof to further undergo six months SI. The learned High Court while acquitting the co-accused Tariq Zafar, dismissed the appeal of the appellant and maintained the conviction and sentences awarded. 2. Learned counsel for the appellant submits that it was a…

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