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Criminal Appeal No. 1143/A of 1976, decided on 19th June, 184
‑‑‑S.13‑‑Evidence, appreciation of‑‑Chhuri of prohibited size recovered from possession of accused and prosecution witnesses having no enmity of their own against accused so as to falsely implicate him‑‑Conviction and sentence maintained, in circumstances.
Appellant through Jail.
Muhammad Akhtar, A.A.‑G. for the State.
Date of hearing: 19th June, 1984.
Ghulam Sarwar son of Bundu Khan was convicted by the Sessions Judge, Sheikhupura, on 5‑8‑1976, under section 13 of the Arms Ordinance, 1965 and was sentenced to suffer R.I. for one year which sentence was ordered to run concurrently with sentence of life imprisonment awarded to him in the connected murder case. His appeal filed through Jail is before me.
2. The appellant was apprehended by Muhammad Iqbal, Ahmad Hassan and Maqbool Ahmad P.Ws. on 20‑4‑1973 when he was trying to escape after committing murder of Rahim Bakhsh. He was relieved of blood stained Chhuri P.1 which was produced before the police and was secured.
3. I have gone through the evidence in this case. The recovery of Chhuri of the appellant was proved by P.Ws. Ahmad Hassan, Maqbool Ahmad, Muhammad Iqbal and the Investigating Officer Khurshid Ahmad. The Chhuri was of prohibited size and the appellant did not possess licence for keeping it. There is no discrepancy in the testimony of prosecution witnesses who had no enmity of their own against the appellant so as to falsely implicate him. I agree with the finding of the trial Court. The defence plea that appellant was falsely involved is not made out from the present record.
For the foregoing reasons the appeal is dismissed.
S.G.D. Appeal dismissed.
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