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Criminal Appeal No.63 of 1982, decided on the 6th November, 1984.

West Pakistan Arms Ordinance (XX of 1965)--

---S,13--Recovery--Sole witness living 3 miles away from place of recovery--Such witness related to complainant party of connected murder case--Best available evidence withheld---Accused apprehended dt bridge at 4-00 a.m. after arranging raid party--Presence of accused at bridge in early hours of morning just ready and willing to be picked up by Police, being strange in circumstances and evidence of sole witness not inspiring confidence--Conviction and sentence was set aside in circumstances.--[Recovery].

Raja Muhammad Anwar with M.A.Aziz for Appellant.

Arif Sajjad for A.-G. for the State.

Dates of hearing: 24th and 28th October, 1984.

This is an appeal by Ghulam Jilani against his conviction and sentence under section 13 of the Arms Ordinance, 1965, recorded by the learned Sessions Judge, Mianwali, on 19-1-1982.

2. According to the prosecution story, the appellant, when arrested on 29-7-1980, in the connected murder case, produced a .32 revolver P1 and five live bullets P2/1-5, which were taken into possession vide memo Exh.P.A.,in the presence of Muhammad Ramzan P.W.1, Muhammad Shafi S.I. (since dead) and Bahadur Khan (given up P,W.)

3. The proceedings taken by Muhammad Shafi S.1. were proved by Dost Muhammad H.C. P.W.2 at the trial, as, in the meantime, Muhammad Shafi S.I. had died.

4: With the assistance of the learned counsel for the appellant and the State I have gone through the oral and documentary evidence. According to the testimony of Muhammad Ramzan P.W.1, Ghulam Jilani, appellant, was arrested by the police at Chor Wala Pull at about 5.00 a. m. and he had on his person, then revolver P1 loaded with five bullets P2/1-5 which were taken into possession vide memo Exh.P.A. In cross-examination, he stated that his Dera was three miles from Chor Wala Pull and the house of Bahadur Khan (given up PW) was about one and a half furlongs to the north-west of his house. The police reached his dera at about 4.00 a.m., with Bahadur Khan (given up P.W.), from where he joined the police party. When they reached the Pull the appellant was already present there. He could not say which of the policemen caught hold of the appellant in the first instance. B He admitted that his father was the real maternal uncle of Atta Muhammad, deceased, of the main murder case. Muhammad Shafi S.I. having died, could not be produced, but it is strange that Bahadur Khan P.W. , who was very much alive and present, was given up. It seems that the best evidence was withheld. Bahadur Khan (given up P.W.) should have been produced in the absence of Muhammad Shafi S.I. who had died, It seems strange that Ghulam Jilani, appellant, was present at the Chor Wala Pull early in the morning at 4.00 a.m. on 29-7-1980, ready and willing to be picked up by the police with his revolver and bullets. The sole evidence of Muhammad Ramzan P.W.1 does not inspire E confidence. The appellant is, therefore, entitled to the benefit of doubt.

5. For the foregoing reasons, this appeal is accepted and the conviction and sentence of Ghulam Jilani, appellant, is set aside. He is on bail. His bail bond shall stand discharged.

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