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1985 MLD 837(2)

PERVAIZ vs THE STATE

Citation1985 MLD 837(2)
CourtLahore High Court
Case No.Criminal Appeal No, 695 of 1981
Date1985-02-11
Judge(s)Muhammad Munir Khan, Malik Lehrasab Khan
ResultAppeal dismissed

' MUHAMMAD MUNIR KHAN, J.--This Criminal Appeal No, 695 of 1981 arises from the judgment of learned Additional Sessions Judge, Sargodha whereby he on 12-12-1981 convicted Pervaiz appellant under section 13 of the Arms Ordinance, 1965 and sentenced him to two years' R.I. On the allegations that he was found in possession of unlicensed dagger Exh.P.I of seven inches long blade.

2. To prove its case prosecution examined two witnesses. Syed Abid Hussain Shah S.I. P.W.2 stated that on 7-10-1980 when accused Pervaiz was in police custody in connection with the investigation of murder case F.I.R. No, 194 dated 25-9-1980 of Police Station Bhagatanwala. He led to the recovery of blood-stained dagger Exh:PI for which he had no licence. Riaz Ahmad P.W.1 supported the statement made by Syed Abid Hussain Shah S.I. P.W.

2. He stated that dagger P1 was recovered from the appellant and that he could not produce any licence for keeping the same.

3. When examined under section 342, Cr.P.C. The appellant denied all incriminating circumstances.

He stated that the dagger has been planted on him to strengthen the main murder case. In defence he did not produce any witness.

4. Learned counsel for the appellant submits that the evidence of the recovery is not reliable and prosecution has failed to prove its case beyond reasonable doubt. On the other hand the learned counsel for the State supported the judgment of the trial Court.

We have considered the arguments advanced by the learned counsel for the parties with care. We find that Riaz Ahmad P.W.1 is quite independent witness. He had no enmity with the appellant.

Learned counsel has failed to point out any material contradictions in the statements of the two witnesses. We do not see any inherent infirmity in their statements. There is nothing on record to discard their testimony. For all these reasons we are convinced that the appellant has rightly been convicted under section 13 of the Arms Ordinance, 1965. This brings us to the question of sentence. In the circumstances of the case we feel inclined to reduce the sentence from two years' R.I. To one year R.I. The sentence awarded in case under the Arms Ordinance shall run concurrently with the sentence awarded to the appellant in the main murder case.

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