Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 392, 342 & 411---Appreciation of evidence---Judicial confessions made by accused had ascribed some sort of active role in the commission of the offence to each of them and the same, therefore, were neither exculpatory nor had been obtained by any coercive or oppressive method---In the presence of very powerful circumstances going against the accused, any contradiction in the ocular testimony could be justifiably discarded---Complainant had narrated the occurrence to the Police party while chasing the culprits and formal F.I.R., therefore, could not be said to have not been made out before any investigation was carried out---Convictions and sentences passed upon the accused by Trial Court were upheld in circumstances. (b) West Pakistan Arms Ordinance (XX of 1965)--- ----S. 13---Jurisdiction---Sessions Court could not legally try and convict the accused under S.13 of the West Pakistan Arms Ordinance, 1965 which had to be taken cognizance of by the Magistrate under the said Ordinance--­Conviction and sentence of accused under S.13 of the West Pakistan Arms Ordinance, 1965 were consequently set aside who was directed to be tried by a Magistrate competent to try him. JUDGMENT On 27-2-1993 at about 11-00 a.m. three persons entered commissary shop of the complainant situate in Right Bank Colony, Turbela Dam, about 1-1/2 kilometres away from Police Station Topi. At that time the owner complainant Muhammad Ismail and his servant Haider Zaman were present in the shop. One of the accused, who was armed with a pistol, took position at the door while the other two accused entered the shop. One of the accused, who had entered the shop, was also armed with a pistol and he snatched away an amount of Rs.9,000 from the complainant at pistol point while the other accused caught hold of Haider Zaman and shut him inside the Store and then took out Rs.595 from the Safe made of a paper box. Then the accused, who was standing outside, cut away the telephone line and all the three started running towards Indus river. The complainant raised alarm and also informed the police on telephone from a nearby office. The police party and the…

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