Law: Penal Code (XLV of 1860)

Section: 392

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

Section: 13

Penal Code (XLV of 1860)---   ----S. 392---West Pakistan Arms Ordinance (XX of 1965), S.13--- Appreciation of evidence---Main case against all the three accused under S.392, P.P.C. was that they entered into the house of -complainant and robbed the inmates of articles mentioned in the F.I.R. and that a dagger was recovered from two of the three accused persons---Eye-witnesses .of main occurrence had made statements consistent with the F.I.R. and no material inconsistency was found between their statements before police and in the Court---No reason existed as to why the accused persons would be falsely implicated by the prosecution witnesses---Statements of prosecution witnesses had been corroborated by the factum of recovery and accused persons were found guilty during investigation as well--¬Main case against accused in circumstances, stood fully proved---As for the case of two accused who were arrested at the spot under S.13 of West Pakistan Arms Ordinance, 1965, no reason existed for the police to receive a spy information on subsequent day raiding the premises, arresting the accused and recovering weapons in question from the accused---No public witness appeared to support the prosecution case in that respect---Prosecution case against said accused being not free from doubt, revision filed by, accused against their conviction was allowed and they were acquitted of charges under S.13 of West Pakistan Arms Ordinance, 1965.   Muhammad Aurangzeb Mir for Petitioners.   M. Bilal Khan, Addl. A.-G: for the State.   Date of heating: 18th September, 2002. JUDGMENT This judgment shall dispose of Criminal Revision No.552 of 2002 (filed by petitioners Hammad son of Ghulam Haider aged 22 years, Khurram Masood son of Masood Sarwar aged 20 years and WaheedRashid son of Abdul Rashid aged 25 years). Criminal Revision No.551 of 2002 (filed by Hammad) and Criminal Revision No.550 of 2002, (filed by Khurram Masood) as they have nexus. 2. Criminal Revision No.552 of 2002 is directed against the judgment dated 17-5-2002 passed by the learned Additional Sessions Judge, Gujranwala vide which petitioners appeal against the judgment dated 18-3-2002 passed by the…

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