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Criminal Revisions Nos. 364 and 365 of 1985, decided on 30th October, 1985.
‑‑--‑S.13‑‑Criminal Procedure Code (V of 1898), S. 439‑‑Accused found in possession of gun and revolver at same time‑‑Accused tried and convicted separately in respect of each fire‑arm‑‑Accused, held, had committed only one offence and two separate trials, therefore, could not be held weapon‑wise‑‑Conviction and sentence regarding possession of one fire‑arm set aside while sentence and conviction regarding other fire‑arm maintained in circumstances.
Ghulam Ali Mubashar for Petitioner.
Sohail Akhtar for the State.
Date of hearing: 30th October, 1985.
This order will dispose of two criminal revision petitions, registered as Criminal Revisions Nos. 364 and 365, both of 1985.
2. The petitioner was arrested in connection with a case registered under sections 457 and 380 of the Pakistan Penal Code. At the time of his arrest he was carrying a stolen .12 bore shot gun. Later, at his out a stolen revolver was also recovered from his possession. Admittedly, he did not possess any licence in respect of these two weapons. Two separate cases for keeping these fire‑arms without licence registered against him. He was separately convicted in respect of were each of these two arms and was sentenced to suffer rigorous imprisonment period of two years in each case. The two sentences were directed for a to run concurrently. He preferred appeals before the learned Sessions Judge which were also dismissed. He has now preferred these revision petitions.
3. The only contention raised on behalf of the petitioner is that as he was found in possession of the gun and the revolver at the same time he could not be tried separately in respect of each fire‑arm. There is merit in this contention and the learned counsel appearing for the State has frankly conceded that the petitioner had committed only one offence and that two separate trials could not be held weapon‑wise. Accordingly I set aside the conviction and sentence of the petitioner in Criminal final Revision No. 364 of 1985 which relates to the possession of in the pistol. The conviction and sentence of the petitioner in Criminal Revision No. 365 of 1985 which relates to the possession of the shot gun are however maintained. These two criminal revisions are accordingly disposed of.
H. A. K. Order accordingly.
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