1. ' MIAN MUHAMMAD NAJAMUZ-ZAMAN, J.---Appellant was tried by Additional Sessions Judge, Faisalabad, in case F.I.R. No, 116/2002 dated 26-3-2002 for the offence under section 13 of West Pakistan Arms Ordinance XX of 1965 registered at Police Station Jhang Bazar, Faisalabad, who vide judgment dated 10-10-2003 convicted appellant under the said offence and sentenced him to one year R.I. With a fine of Rs, 1,000 (Rupees one thousand) or in default whereof to further undergo one month S.I.
2. ' Feeling aggrieved by the impugned judgment appellant has filed the instant appeal through jail.
2. During the investigation of case F.I.R. No, 113/2002 dated 26-3-2002 under section 302, P.P.C.
3. Registered at Police Station Jhang Bazar, appellant led to the recovery of blood-stained Chhurri P.1 from his residential house which was taken into custody vide recovery memo. Exh. PB and present case was registered. The agency after complying with legal formalities submitted challan before the trial Court where prosecution produced three witnesses to prove the charge.
4. ' Abdul Jabbar A.S.-I. P.W.1 entered formal F.I.R. Exh.PA/1 Zulfiqar P.W.2 was present when appellant led to the recovery of illicit arm. He also signed the recovery memo. Muhammad Anwar S.-I. P.W.3 is Investigating Officer and during his investigation appellant led to the recovery of Chhurri P.1. He also prepared complaint Exh.PA as well as prepared recovery memo. And submitted challan.
5. ' Trial Court also examined the appellant under section 342, Cr.P.C. While answering to the question "Why this case against you and why the P.Ws made statements to involve you?", appellant replied as under:-- ' "The recovery is false and fabricated. The police has registered the said case malafidely to strengthen the main case. The said case does not fall within the ambit of section 3 of A.0 because Chhurri is no where mentioned in the said section. The application under section 265-K, Cr.P.C. Has already been moved by me. The recovery of Chhurri is in violation of section 103, Cr.P.C. The close relative of deceased have joined the recovery proceedings. No person has been associated from locality."
6. ' Appellant did not make any statement under section 340(2), Cr.P.C. Nor produced any evidence in his defence.
7. ' Learned trial Court after appraisal of evidence vide judgment dated 10-10-2003 convicted and sentenced the appellant as narrated earlier.
3. Learned counsel for the parties have been heard at length and with their assistance the record of this case has been perused.
8. ' Recovery of Chhurri P.1 was effected from the residential house of appellant, admittedly it was a kitchen knife and available in the market. Zulfiqar P.W.2 was not the resident of the area and admittedly during the investigation no independent witness from the area/ Mohallah was made to join the investigation. The house from where the appellant allegedly got recovered the Chhurri was also not in the exclusive possession of the appellant. The said circumstances are sufficient to doubt the credibility of prosecution case and the impugned judgment is not sustainable. Accordingly this appeal is allowed my conviction and sentence of the appellant is set aside. Appellant be released forthwith if not required to be detained in any case.