SARDAR TARIQ MASOOD, J.---Through this petition, petitioner Sajjan Solangi impugns the judgment dated 27.01.2017 passed by the High Court of Sindh, Circuit Court, Larkana whereby Criminal Appeal filed by him was dismissed and his conviction and sentence, awarded by the learned trial court, was maintained.
2. Precisely , the facts of the case are that the petitioner was indicted in case FIR No, 31 registered under section 25 of the Sindh Arms Act, 2013 on 24.09.2013 at Police Station Shah Panjoo Sultan, District Dadu. After a full- fledged trial, vide judgment dated 28.07.2015 learned trial court convicted the petitioner under section 25 of the Sindh Arms Act, 2013 and sentenced him to suffer ten years' R.I. with a fine of Rs,10,000/- or in default thereof to further undergo six months' S.I. Benefit of section 382-B, Cr.P.C. was also extended to him. Aggrieved thereof, petitioner filed appeal before the learned High Court which was dismissed. Hence, this petition for leave to appeal.
3. We have heard the learned counsel for the petitioner as well as the learned Additional Prosecutor General, Sindh and have perused the available record with their assistance and observe d that petitioner Sajjan Solangi while in police custody during the investigation of cases FIRs Nos, 28/29 of 2013 made disclosure and allegedly got recovered a gun kept in Guava Farm in the bushes. Admittedly , the place of recovery is accessible to everyone and was not in possession of the petitioner . Even the owner of the said Farm was not associated with the investigation. According to the complainant Sikandar Ali Malkani, many persons of the village were present near the garden but he did not cite any such private person as witness in this case. The Mushirnama of recovery and the FIR clearly indicate that it was a Guava Farm from where the said gun was recovered whereas both the witnesses i,e, Sikandar Ali Malkani (PW-2) and Muhammad Nawaz (PW-3) while making statement in the court claimed that the gun was recovered from a garden of "Zeetun". The said gun was never got exhibited in the court. There is no expert opinion on the file to prove that the said weapon was in working condition. In the absence of the said report, the case of prosecution as already discussed becomes doubtful. Consequently , while extending the benefit of doubt to the petitioner Sajjan Solangi, this petition is converted into an appeal and the same is allowed. The conviction and sentence awarded by the learned trial court and upheld by the Hon'ble High Court against the petitioner Sajjan Solangi is set aside. He is acquitted of the charge. He shall be released from jail forthwith if not required to be detained in any other case.