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

Section: 15

Law: Penal Code (XLV of 1860)

Section: 302,324,34

Khyber Pakhtunkhwa Arms Act (XXIII of 2013)-------S. 15---Possession of illegal weapon---Appreciation of evidence---Prosecution case was that during investigation in case registered under Ss.302, 324 & 34, P.P.C, on the pointation of accused persons one unlicensed repeater and one 30-bore pistol were recovered---Record showed that the appellants after being nominated in the main case remained fugitive from law and they along with other co-accused of the case were arrested on 14.04.2018---As per evidence of recovery witness on 16.04.2018 the appellants led the police party to the cattle-shed of his house and brought out a pistol 30 bore and .12 repeater from the husk and the same was taken on the basis of recovery memo---Witness was put to lengthy cross-examination but nothing favourable was brought on record to discard his testimony---Recovery memo was exhibited without any objection from the appellants and thereby went un-rebutted---Similarly, weapons of offence were produced before the Court and the evidence recorded in the main case confirmed that the same weapons were used in the commission of offence---Nothing was brought on record to discredit the testimony of prosecution witnesses---Appellants could not produce any license of the weapon nor any defense was produced to show that the weapons so recovered were foisted against them---Thus, appellants had failed to point out any material or glaring contradictions or loopholes for disbelieving the recovery of crime weapon recovered upon their pointation---Circumstances established that the prosecution had convincingly proved the commission of offence by the accused in the main case and during the process they pointed out the weapon of offence used in the crime, hence the Trial Court was correct to award the impugned sentence---Appeal was dismissed, in circumstances.Nazir Shehzad and another v. The State 2009 SCMR 1440 rel.Date of hearing: 13th December, 2022.JUDGMENTFAZAL SUBHAN, J.---Appellants (1). Saqib, (2). Kashif sons of Liaqat residents of Dharam Pani, Tehsil and District Haripur, have filed the instant appeal against the judgment dated: 25.11.2020 passed by learned Additional Sessions…