Muhammad Afzal, petitioner, stands convicted under section 13 of the Arms Ordinance, 1965, on the charge of keeping .12 bore pistol on 14-12-1984 which was recovered from him by Amir Abdullah, S.I.
In the presence of Muhammad Khan, Head Constable, P.W.2, and Muzaffar Khan, A.S.I. P.W.3, at Chowk Mitha Tiwana, District Khushab. He denied the charge and claimed to be tried.
2: To prove its case, the prosecution produced 3 witnesses. Amir Abdullah S.I., Muhammad Khan, Head Constable P.W.2, and Muzaffar Khan A.S.I. P.W.3, have supported the prosecution case.
3. When examined under section 342, Cr.P.C. The petitioner denied the recovery of unlicensed pistol from him. He did not produce any witness in defence. The trial Court convicted him under section 13 of the Arms Ordinance, 1965, and sentenced him to one year's R.I. The appeal filed by him was dismissed by the learned District Judge, Khushab, on 30-1-1985. Learned counsel for the petitioner submits that no independent witness has been produced; that the conviction of the petitioner is based upon the statements of the police officials and that the pistol was not produced at the time of recording the statements of the witnesses. Learned counsel for the State has opposed him.
4. I have considered the matter carefully. I feel pursuaded to agree with the learned counsel for the petitioner. I find that the recovery was allegedly made in a Chowk, and as such it was not difficult for police to associate persons other than police officials to witness the recovery of unlicensed arm from the petitioner; that the pistol was not produced in the Court at the time of recording the statements of the recovery witnesses; and that in the peculiar circumstances of the case the police officials were naturally interested in the conviction of the petitioner. For all these reasons, I feel that the prosecution has not been able to prove its case beyond reasonable doubt.
5. Pursuant to the above discussion, the revision is accepted. The conviction and sentence of the petitioner is set aside. He is acquitted of the charge. He stands discharged of the bail bond.