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Criminal Appeal No. 270 of 1983, decided on 11th June, 1986.

‑‑‑5. 13‑‑Evidence, appreciation of‑‑Recovery of unlicensed gun supported by an independent witness, having no enmity with accused besides a Police Inspector‑‑Conviction maintained in circumstances.

Sardar Muhammad Latif Khan Khosa for Appellant.

Zafar Yasin for the State.

Dates of hearing: 26th, 27th May and 11th June, 1986.

This is an appeal by Alam Sher against his conviction under section 13 of Arms Ordinance by learned Additional Sessions Judge, Multan who vide judgment, dated 21‑11‑1983 sentenced him to one year R.I.

2. The prosecution case in brief is that Alam Sher appellant was arrested in the connected murder case. _He on 2‑6‑1982 while in police custody led to the recovery of unlicensed .12 bore gun P.1 from his residential Kotha which was taken in possession vide memo. Exh. P. A. by Inspector Muhammad Shafi P.W.2 in presence of Nusrat P.W.1 and Allah Bakhsh F.W. (not examined). The prosecution examined P.W.1 Nusrat and P.W.2‑ Inspector Muhammad Shafi in support of its case. The accused denied the recovery and pleaded innocence. He did not produce any evidence in defence.

3. We have gone through the record of this case and have also heard the learned ‑ counsel for the appellant. Nusrat P.W. is an independent witness. He is not related to the deceased of the connected murder case. He has no enmity with Alam Sher appellant. Inspector Muhammad Shafi P.W.2 is also an independent witness. There is nothing to disbelieve the two witnesses. We, therefore, find no merit in this appeal which is accordingly dismissed. The conviction and sentence of Alam Sher is maintained. This sentence will run concurrently with the sentences awarded to Alam Sher appellant in connected murder case.

S. G. D. Appeal dismissed.

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