Law:

Section:

West Pakistan Arms Ordinance (XX of 1965)-- ---- S.13 --- Appreciation of evidence --- Trial Court after remand of the case by High Court proceeded with the trial without framing fresh formal charge and convicted and sentenced the accused even without recording his statement under S.342, Cr.P.C.-- -Statement of accused made on oath under S.340(2), Cr.P.C. even did not bear his signature or thumb-impression nor signature of the Trial Judge --- Failure of Trial Court to record statement of accused under S.342, Cr.P.C. to enable him to explain, circumstances appearing in evidence against him had resulted in injustice causing prejudice to him --- Trial conducted by Trial Court seemed to be a mockery of law in circumstances- -­Conviction and sentence awarded to accused were consequently set aside and the case was again remanded to (he Trial Court for trial in accordance with law. JUDGMENT MIAN ABDUL KLALIQ, J.---This criminal appeal has been riled against the judgment dated 9-10-1991 passed by the learned Special A Judge (Special Court Suppression of Terrorists. Activities), Bahawalpur Division, Bahawalpur whereby the appellant was convicted and sentenced under section 13 of the Arms Ordinance XX of 1965 to undergo seven years' R.I. and a fine of Rs.5,000 in default whereof to further undergo R.I. for two years. Briefly, the prosecution case is that P.W.7 Muhammad Afzal Gill, A.S.I. on 11-2-1991 at the spot drafted complaint Exh.PA to the effect that he alongwith Abdur Razzaq P.W.3 and Muhammad Hanif P.W.6 were present and the appellant in custody during investigation led to police party to the residential room of his house and from quilts lying on the cot, took out Klashnikov PA alongwith magaziqe Exh.P.2 containing 20 bullets which were secured by P.W.7 vide memo. Exh.PC attested by Muhammad Hanif P.W.6 and Abdur Razzaq P.W.3. As the appellant could not produce any licence, P.W.7 sent Exh.PA to the police station on 4-2-1991 where on its basis, formal F.I.R. Exh.PA/1 was drafted by P.W.1 Shafqaat Ali on the same day. The appellant was challaned and sent up for trial. A charge under section 13/20/65 of Arms Ordinance was framed against him to which he denied and…

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