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Criminal Appeal No. 633 of 1982, decided on 23rd June, 1985.
‑‑‑S.13‑‑Recovery of dagger‑‑Recovery effected from house jointly owned and possessed by accused and his family members‑‑Recovery of dagger, held, could not be said to have been effected from exclusive possession off ‑accused making him liable under S. 13‑‑Conviction and sentence set aside.‑‑[Recovery].
M.A. Zafar for Appellant.
Sh. Naseer‑ud‑Din for Respondent.
Date of hearing: 22nd.and 23rd June, 1985.
This is an appeal by Naseer against the conviction, by learned Additional Sessions Judge, Sheikhupura, who vide judgment, dated 3‑11‑1982, sentenced him under section 13, Arms Ordinance No.XX of 1965 to three months, R.I.
2. Naseer appellant was an accused in a murder case. He was arrested on 24‑6‑1979. Thereafter while in custody, he led the Investigating Officer on 5‑7‑1979 and got recovered dagger P.1 which was taken in possession vide memo. Exh.P.A. by A.S.I. Muhammad Younas P.W.1 in the Presence of Mushtaq Ahmad P.W.3 and Ghulam Rasool given up P.W. The accused was challaned and convicted as stated above.
3. In support of its case the prosecution examined three witnesses. A.S.I. Muhammad Younas P.W.1 is the investigating Officer who took Khanjar P.1 in possession vide memo. Exh.P.A. He prepared complaint Exh.P.B. on the basis of which formal F.I.R. Exh.P.B./1 was recorded by M.H.C. Maqsood‑ul‑Hassan P.W.2. He challaned the accused Mushtaq P.W.3 supported the prosecution case. He is related to the deceased of the connected murder case. The alleged recovery was made from the ceiling of the kitchen of the house jointly owned‑and possessed by Naseer accused and his family members. It cannot, therefore, be said that the accused exclusively possessed Khanjar P.1 making him liable under section 13 of Arms Ordinance XX of 1965. This appeal is, therefore, accepted. The conviction and sentence of Naseer accused is set aside. He is acquitted and will be released from prison forthwith, if not required in any other case.
S.A. Appeal accepted.
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