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Criminal Appeal No. 660 of 1984, heard on 18th November, 1984.
‑‑‑S. 13‑‑Possession of weapon‑‑Recovery‑‑Recovery proved by evidence of witnesses who had no enmity against accused‑‑Accused neither leading any evidence nor explaining case which was overwhelmingly against him‑‑Conviction maintained.
Zafarullah for Appellant.
Abdul Fateh for A.‑G. for the State.
Date of hearing: 18th November, 1984.
Anwar Ali Shah (18) was tried for the offence under section 13 of the Arms Ordinance, 1965 by Mr. Farrukh Amin, Additional Sessions Judge, Sialkot. On 27‑11‑1982, he was convicted for the offence and sentenced to two years' R.I. The appeal of the convict is before me.
2. During the investigation of the murder case against the appellant on 17‑5‑1982, he got recovered from a Shatala field blood‑stained 'Churri' P.1 which was taken into possession vide memo. Exh. P.A. Since he had no licence to retain the weapon, a complaint Exh. P.B. was drafted on the basis of which formal F.I.R. Exh. P.B./1 was registered at Police Station Cantt: Sialkot.
3. Anwar Ali Shah denied the recovery and led no evidence in defence.
4. The recovery in this case is proved by the evidence of P.W.1 Muhammad Hussain and P.W.3 Zafar Alam S.I. It was a blood‑stained Chhuri and for the offence of murder, the accused was separately tried. However, the question in this case would be whether the prosecution has satisfactorily proved the recovery. There is nothing to indicate that the recovery witnesses have any enmity against the appellant. It is noteworthy that though the appellant denied the recovery but admitted that he was taken to the field of Sharif Thekadar near the bus stand. It may also be added here that the appellant neither led any evidence nor explained the case against him. He merely said that it was a false case. The case is overwhelming against him. The appeal thus fails and the, same is, therefore, dismissed with the modification that the sentence awarded in this case shall run concurrent with the sentence passed against him in the, main murder case.
M.Y.H. Appeal dismissed
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