Khan Muhammad appellant was tried by Sessions Judge, Khushab for an offence under section 13, of the Arms Ordinance for being in possession of a .12 bore gun without any licence, convicted and sentenced to one year's R.I. Vide judgment dated 28-5-1986. He has come up in appeal.
2. The prosecution case according to the F.I.R. (Exh.PA.) was that while in police custody in connection with a murder case he made a disclosure and got recovered gun (Exh.P.1) and four live cartridges (Exh.P.3/1-4) from his residential house.
3. To prove the charge Muhammad Feroze and Amir Abdullah Sub---Inspector (P.Ws.2 and 3) were produced. They supported the recovery of the gun. No person from the Dera from where the gun was got recovered was produced. Hence the contention of the learned counsel for the appellant is correct that independent witnesses from the Dera being available and none having been associated, Muhammad Feroze (P.W.2) who was picked up from the bus stand cannot be relied upon to clinch the matter against the appellant.
4. The result is that the appeal is accepted. The conviction and the sentence of the appellant is hereby set aside and he stands acquitted.