AGHA ALI HYDBR, J.---The appellant was convicted by the learned Sessions Judge, Nawabshab, for an offence under section 13-E of the West Pakistan Arms Ordinance, 1965, and sentenced to undergo R. I. For 12 months. Aggrieved by the judg--ment of conviction and sentence he has come m appeal;
2. The prosecution story is that on 23-1-1970, the S. H. Q. Tharushah Abdul Khaliq had gone to the vardat of Crime No. 14 of 1970 for investigation. The appellant came to be arrested there and on interrogations had produced a country-made pistol from a wheat cultivation. As the appellant could not produce any licence for the same, the S. H. O. Had lodged the report under section 13-E of the West Pakistan Arms Ordinance, 1965, and submitted the charge-sheet against the appellant in the Court of Civil Judge and F. C. M., Noshera Feroze.
3. The appellant in his statement at the Court of Enquiry as well at the trial denied the allegations made against him. The prosecution examined the S. H. O. Abdul Khaliq and the two mashirs namely Haji Allah Rakhio and Abdul Haq. Allah Rakhio has stated that the appellant was found sitting near the dead body holding a country-made pistol in his hand which was secured by the police. The appellant could not produce any licence for the same. The witness was cross-examined by the learned Public Prosecutor and confronted with the statement under section 164, Cr. P. C., wherein he has mentioned the production of the pistol from the field. He further admitted that he was a mashir in a case under section 307, P. P. C. Which had been filed by one Ghulam Qadir against the appellants three years earlier. Abdul Haq has stated that the appellant had produced the pistol from the field which was only 15 paces away from the vardat. He has however, stated that the deceased in that murder case was his uncle and Ghulam Qadir was his brother. He also admits that he has appeared as a witness in the case filed against the appellant under section 307, P. P. C.
By Ghulam Qadir. The mashers under the circumstances cannot be said to be independent witnesses. Even their versions are discrepant. It is also intriguing that the appellant should have concealed the pistol only at a distance of 15 paces from where he was sitting. The prosecution version is extremely suspect, and I therefore find it difficult to sustain the conviction and sentence.
4. In the result, I will set aside the conviction and sentence and allow the appeal. The appellant is in custody and will be released forthwith unless wanted in connection with some other case.
I. MAHMUD, J.--I agree.