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IRSHAD AHMAD versus THE STATE


West Pakistan Arms Ordinance 1965 Section 13 Supporting the retrieval of a witness without a license and the re-examination of the Chief and Cross-examination case in their examination
1985 P Cr. L J 1719

[Lahore]

Before Mazharul Haq and Akhtar Hassan, JJ

IRSHAD AHMAD‑‑Appellant

versus

THE STATE‑‑Respondent

Criminal Appeal No.27 of 1982, heard on 30th January, 1985.

West Pakistan Arms Ordinance (XX of 1965)‑‑

‑‑‑S.13‑‑Recovery of unlicensed arm‑‑Prosecution witness supporting recovery in his examination‑in‑chief and cross‑examination‑‑Case overwhelmingly against accused‑‑Conviction and sentence maintained.

Ijaz Hussain Batalvi and M.A. Zafar for Appellant.

Malik Muhammad Yousaf for the State.

Dates of hearing: 28th, 29th and 30th January, 1985.

JUDGMENT

MAZHARUL HAQ, J.

‑‑ Irshad Ahmad (32) was tried and convicted for the offence under section 13/20/65 of the Arms Ordinance, by the Additional Sessions Judge, Sahiwal. He was sentenced to six months' R.I. Appeal of the convict is before us.

2. During the investigation of the murder case against the appellant and others Chhura P.1 was got recovered by the appellant on 30‑9‑1980 from the sugar‑cane field in the area of Chak No.91/6‑R, Sahiwal. Besides P.W.2. Farooq Ahmad, S.I., the recovery was attested by P.W.1 Muhammad Shafi and Atta Muhammad (given up as unnecessary). Irshad Ahmad denied guilt at the trial. According to him, the weapon was planted on him to strengthen the murder case against him. He led no evidence in defence.

3. We have gone through the evidence. P.W.1 Muhammad Shafi tried to make some concessions in favour of the accused but nearing the close of his cross‑examination, he supported the recovery as he did in A the examination‑in‑chief. The case is overwhelming against the appellant.

This appeal is, therefore, dismissed.

M. Y. H. Appeal dismissed.

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