Law:

Section:

West Pakistan Arms Ordinance (XX of 1965)-----S. 13--Appreciation of evidence--Accused convicted for keeping gun and cartridges without licence--Conviction based on evidence of three witnesses belonging to police department--Independent public witness not examined despite his being available--Case property not having been produced with challan and identification of gun recovered not established satisfactorily--View taken by High Court that production of case property was required when its ownership was disputed in theft cases, not being supported by any law or principle, not sustained-­Courts below not observing established principles of appreciation of evidence in criminal cases and not giving proper attention to its conduct presumably considering it to be a trivial or unimportant matter--Appeal accepted and conviction set aside by Supreme Court. S.M. Idrees, Advocate Supreme Court (absent) and Ch. Mehdi Khan Mehtab, Advocate-on-Record (absent) for Appellant. Mian Inamul Haq, Advocate Supreme Court and Rao Muhammad Yousuf, Advocate-on-Record (absent) for the State. Date of hearing: 2nd November, 1985. JUDGMENT NASIM HASAN SHAH, J.--The appellant, Dost Muhammad, was convicted by a Magistrate First Class, Jauharabad, on 17-1-1985 under section 13 of the Arms Ordinance (XX of 1965) and sentenced to undergo one years R.I. for having in his possession a .12 bore gun and two cartridges without licence. His appeal before the Additional Sessions Judge and revision before the High Court having failed hence this appeal, by leave of this Court. According to the case of the prosecution Ghulam Ali, S.I. (P.W.3) accompanied by Sultan Khan, Head Constable (P.W.1) and Muhammad Riaz, Constable (P.W.2) were proceeding towards the village Thathi Karani at about 6 p.m. on the evening of 16th February, 1984 in connection with the investigation of another case (under section 506, P. P. C.). While they were passing near the graveyard the appellant emerged all of a sudden from a cluster of the trees of the graveyard with a gun in his hand. As he was carrying a gun in his hand he was given a chase and apprehended. On his personal search two cartridges were recovered from the pocket of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492