1. ' MRS. SYEDA TAHIRA SAFDAR, J.---The appellant being aggrieved of judgment dated 30-10-2007 of Additional Sessions Judge, Lasbella at Hub, whereby he has been convicted for the offence punishable under section 13(e) of Pakistan Arms Ordinance, 1965, while punished to stiffer rigorous imprisonment for a period of three years with fine of Rs.5000, in default of payment further suffer imprisonment for a period of four months, preferred present appeal from jail. He has prayed for his acquittal, fine be forgone, as he has been involved in present case falsely, the witnesses have also given false evidence.
2. ' As per prosecution case the nominated person Siraj Ahmed son of Nadullah in case pertaining to F.I.R. No,12 of 2007 Police Station Bela District Lasbella holding in hand a two edged knife came to Thana and in presence of Nabi Bakhsh A.S.-I. And Abdul Rauf 36-C, produced it with statement that it is the same dagger through which he murdered Ghulam Muhammad son of Awal Khan by hitting him at chest and abdomen and his companion Abdul Hafiz son of Muhammad Noor was injured.
3. He surrendered him for arrest. The dagger was taken into custody and he was asked about license, as he failed to produce the same, the present case was registered, investigation was made, on completion case was challaned. Charge was framed on 23-7-2007 for the offence of keeping in his possession dagger without any valid license issued in his favour, thus committed offence under section 13(e) Arms Ordinance, 1965. On denial of charge, witnesses were called, while examination of accused/appellant was made. On completion of trial the case was decided through judgment made on 30-10-2007 thereby convicting the accused/ appellant of the charge. Feeling aggrieved of the same instant appeal has been filed.
4. ' As per record in respect of an incident, whereby one Ghulam Muhammad and Abdul Hafeez were attacked and injured by stabbing with dagger, whereby Ghulam Muhammad did not survive of the injuries, F.I.R. No,12 of 2007 Police Station Bela District Lasbella was registered on 7-4-2007 at 11-50 p.m. In said case the appellant was nominated by the complainant, while instant case is connected with the mentioned case, as it has been reported that the appellant being accused in said case himself produced the crime weapon while appearing before police in the Thana, whereby he was arrested in murder case and as he was also in possession of unlicensed dagger he was booked in instant case.
5. ' As per prosecution witness Muhammad Sharif S.-I., who recorded his statement as P.W.1,stated that in his presence at 11-30 p.m. The nominated accused person of case No,12 of 2007 Siraj Ahmed appeared in Thana holding a dagger in his hand, in presence of witnesses Nabi Bakhsh and other officials produced it with averments that it is the weapon through which he killed Ghulam Muhammad by hitting him at his chest and stomach and also injured Abdul Hafeez Memo. Of recovery was prepared pertaining to case No,12 of 2007. Instant case was also filed as the dagger was unlicensed one. P.W.3 Abdul Nabi S.-I. Is the Investigation Officer. P.W.2 Attaullah is witness of taking over of memo. Of recovery of dagger and statement of witnesses recorded under section 161, Cr.P.C. Pertaining to case No,12 of 2007. The witnesses in whose presence the dagger was produced and taken into custody was not produced in instant case.
6. ' As per P.W.1, who is the only witness in presence of whom appellant appeared and produced the alleged weapon and made disclosure at 11-30 p.m. On 7-4-2007 appellant appeared, whereafter, F.I.R. No,13 of 2007 for offence under section 13(e) of Arms Ordinance, 1965 was registered. The perusal of F.I.R. No,13 of 2007, which is present on record as Exh.P/1-A, reveals that as per the same the date and time of incident is mentioned as 7-4-2007 at 11-30 a.m. {{URDU TEXT}} while date and time of reporting is mentioned as 8-4-2007 at 1-10 p.m. {{URDU TEXT}}. There is no explanation about recording the date and time in such a manner. The witnesses in presence of whom such recovery was made are not produced, only their statements recorded during course of investigation are placed on record, which is of less value. Though the connected case pertaining to F.I.R. No,12 of 2007 for offence under sections 302 and 324, P.P.C. Was also registered, whereby the appellant was nominated. Both the cases were tried and heard by one and the same court. Both the appeals pending before this Court, pertaining to both the F.I.Rs. Were also heard together and record of both the cases was perused. There is contradiction in time of occurrence of the incident and the alleged surrender and production of crime weapon. Incident as per F.I.R. No,12 of 2007, was occurred on 7-4-2007 at 11-30 p.m. While matter was reported on same date at 11-50 p.m. While as per P.W.1 Muhammad Sharif, he is the Investigation Officer of case No,12 of 2007, appellant/ accused appeared at 11-30 p.m. Even before reporting of the murder case. Reasonable doubt appeared due to above mentioned facts, the benefit of which was required to be exercised in favour of the accused. The trial Court has not considered these facts, rather simply come to the conclusion that the prosecution has established its case beyond reasonable doubt.
7. Keeping in view the above discussion, the prosecution has failed to establish the case free from all doubts, thus the benefit of the same is exercised in favour of the appellant. In the circumstances appeal is accepted. The impugned judgment dated 30-10-2007 of Additional Sessions Judge, Lasbella at Hub is set, aside. Appellant Siraj Ahmed son of Nadullah is acquitted for the offence punishable under section 13(e) of Pakistan Arms Ordinance, 1965 pertaining to F.I.R.. No, 13 of 2007 Police Station Bela District lasbella. He be released at once, if not required in any other case.