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Criminal Appeal No. 2 of 1983 and Murder Reference No. 27 of 1985, heard on 6thMarch, 1985.
‑‑‑S. 13‑‑Recovery evidence, evaluation of‑‑A close relative of deceased of connected murder case imported from a distant place to support recovery of illicit gun and no witness from locality associated with recovery proceedings‑‑Held: Unsafe to place reliance on evidence of such witness‑‑Conviction and sentence set aside, in circumstances.
S.M. Latif Khosa for Appellant.
J.V. Gardner for the State.
Dates of hearing: 19th, 20th, 21st January; 9th, 16th February; 2nd, 4th and 6th March, 1985.
‑ Akhtar Hussain (28) son of Abdul Rehman, resident of Dhok Lakhan, Tehsil and District Rawalpindi was convicted under section 13 of the West Pakistan Arms Ordinance, 1965 and sentenced to R.I. for three years vide judgment, dated 16th December, 1982, of the learned Additional Sessions Judge, Rawalpindi. He has appealed.
2. This case is an offshoot of the connected murder case. The prosecution version is that on 3‑11‑1979 Akhtar Hussain appellant, while in custody, led to the recovery of unlicensed gun from an iron box lying in his residential Kotha situate in Dhok Lakhan.
3. The appellant pleaded not guilty to the charge and professed innocence. He did not produce any evidence in defence.
4. To support its case the prosecution examined Muhammad Siddiq (P.W.1) and Muhammad Nawaz S.I. (P.W.2). Muhammad Siddiq P. W. is 11 resident of Dhok Kala Khan, situate at a distance of more than 20 miles from the place of recovery. He is also closely related to the deceased being the first cousin of his wife. The Investigating Officer admitted that he made no efforts for associating the Lambardar or any B.D. Member in the recovery proceedings. A close relative of the deceased of the connected case was imported from a distant place to support the recovery of illicit gun and no witness from the locality was associated with the recovery proceedings. In the circumstances, it will be unsafe to place reliance on the evidence of the recovery witnesses. We' therefore, allow this appeal, set aside the conviction and sentence of the appellant and acquit him of the charge.
S.G.D.
Appeal allowed.
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