Law: Criminal Procedure Code (V of 1898)

Section: 56-A, 517, 520

Criminal Procedure Code (V of 1898)  S. 56 -A read with Ss. 517 & 520--Disposal of case property--- Application for return of shot-gun used in commission of murder (accused having been convicted and sentenced under S. 302, P. P. C.) Section 517 or 520 not applicable to circumstances of case-Held, order within meaning of "car otherwise to secure the ends of justice" In S. 561-A would be pressed into service to clear ambiguity-Gun in question ordered to be confiscated to State.                                                                                                                                                 ORDER ABDUL, GHANI KHAN KHATTAK J.-This application by Shawar Gul son of Sultan Khan resident of Tajori, Tehsil Lekki, District Bannu arises out of the following facts:- He was convicted and sentenced by the judgment of 25thOctober, 1971 of the Sessions Judge, Derajat Camp Bannu. The learned Sessions Judge, while convicting the accused made no order with regard to the disposal of the case property. The conviction and sentence of the petitioner was confirmed by the High Court and in appeal to the Supreme Court their Lordships of the Supreme Court made the following observations:- "The autopsy on the dead body of She deceased showed that he had an inlet wound l " x 1' in the sixth inter-costal space, 4" mindline on the right side of the chest and 7 corresponding exit pellet wounds below the left collar bone and medial to the interior axillary line in an area of 3" x 2" x' one inlet wound 1/6' on the lateral aspect of the middle fore-arm in the front and corresponding exit wound on the leteral aspect of front of middle left arm . . . . . . . . on disection under injury No. 2, the doctor discovered wads. . . . . . . .The medical evidence…