Law: Criminal Procedure Code (V of 1898)

Section: 417

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

Section: 13(e)

Criminal Procedure Code (V of 1898)---.--- ---.---S. 417---.---West Pakistan Arms Ordinance (XX of 1965), S.13(e)---.---Appeal against acquittal---.---Mashirnama of recovery showed that the pistol allegedly was recovered at the instance of respondent/accused near from the date trees---.---Such fact had not been supported by prosecution witness who deposed about the recovery of alleged pistol under the roots of date trees by digging the earth---.---Mashirnama of recovery revealed that the alleged pistol was recovered from accused front open plot; and Investigating Officer in his cross-examination had also admitted that the said pistol was recovered from the corridor of the house of the, respondent, when Police entered in his house without knocking the door---.---Such contradictions in the recovery of the pistol, were of much significance and Magistrate had rightly took notice of the same while appraising the evidence and no discrepancy appeared in appraisal of evidence by him---.---Main discrepancy in the recovery of the crime weapon, could not be treated as minor or trivial discrepancy so as to ignore that---.---State Counsel had contended that the acquittal of respondent would reflect on the main murder case, which was pending adjudication before the Trial Court---.---Contention had no force for the reason that evidence in the murder case would be recorded independently by the Trial Court; and the Trial Court could form independent view about the recovery of the crime weapon on the basis of the evidence brought on record of that murder case---.---Trial Court trying the murder case, was not bound by the observation made by the Magistrate in the case regarding the recovery of crime weapon---.---Appeal was dismissed. THIS ORDER PASSED BY: ARSHAD NOOR KHAN, JUSTICE:---.--- By this acquittal appeal the appellant has questioned the judgment, dated 18-1-2007 passed by the learned Civil Judge and Judicial Magistrate-III, Khairpur whereby he acquitted the respondent in Criminal Case No. 3 of 2006 in Crime No. 3 of 2006 under section 13(e), Arms Ordinance, 1965. The case of the prosecution in nut-shell is that the respondent was arrested in Crime No. 171 of 2005 under…

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