Law: West Pakistan Arms Ordinance, (XX of 1965)

Section: 13(e)

Law: Criminal Procedure Code (V of 1898)

Section: 103

West Pakistan Arms Ordinance (XX of 1965)--- ----S. 13(e)---Criminal Procedure Code (V of 1898), S.103---Appreciation of evidence-'Recovery of weapon---Principles---Petitioner/accused who was arrested in a murder case, during investigation, disclosed about concealment of crime weapon and voluntarily led the Police party to the heap of wheat from where he took out pistol along with five bullets and handed over to complainant/S.H.O. who prepared the Mashirnama of arrest and recovery at the spot---Section 103, Cr.P.C. spoke about the proposition of picking-up the respectable Mashir of the locality when the Police party was going to search the property or for recovery of certain material---Accused, in the present case having voluntarily led Police party and voluntarily surrendered crime weapon or case property from the place where he had hidden it, condition of picking-up of the Mashir of the locality was not the requirement of S.103, Cr.P.C.---Section 103, Cr.P.C. having not debarred the police official to act as Mashir, no ban, therefore, could be imposed on Police official not to act as Mashir---Nowhere in the cross-examination, any material had been fished out from the statement of the complainant and other prosecution witnesses to show that the Police Officials possessed any grudge or enmity to implicate the petitioner falsely in the case to foist the crime weapon on him---Evidence of Police Officials, could be treated as good as evidence of any other independent witness, provided the Police Officials had been through the test of cross-examination---In absence of any material to the effect that Police Officials had implicated accused for certain extraneous consideration or had acted mala fide, their evidence could not be brushed aside---Both courts below had rightly considered the evidence brought on record---Minor and trivial contradictions in the case of the prosecution, which were humanly possible, could not reflect adversely on the recovery of crime weapons---Petition was dismissed, in circumstances. JUDGMENT ARSHAD NOOR KHAN, J.--- This revision application has been directed against the order dated 27-2-2009 passed by the learned Sessions Judge, Ghotki…

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