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PLD 1992 Supreme Court 253

MUHAMMAD HASHIM vs THE STATE

CitationPLD 1992 Supreme Court 253
CourtSupreme Court of Pakistan
Case No.Criminal Petition No.6 of 1992 Cr. Appeal No. 106 of 1991
Date1992-02-02
Judge(s)Muhammad Afzal Zullah, Abdul Qadeer Chaudhry
ResultLeave refused

ORDER

1. MUHAMMAD AFZAL ZULLAH, C.J.--- In this petition for leave to appeal the petitioner's conviction under section 13-E of the Arms Ordinance and somewhat heavy punishment thereunder, the plea raised is that it was allegedly a composite offence. The petitioner was alleged to have fired a pistol at his adversary. The weapon was recovered from him and he was arraigned for separate trials for separate offences--one for attempted murder and the other for having kept the illicit arm without licence.

2. The learned counsel has contended that the other trial for offence under section 307 PPC has not yet concluded and if the petitioner is acquitted therein despite the corroboratory evidence regarding recovery of the weapon of offence, this would end in conflict of judgments as a result of the two trials relating to the same occurrence. This view was not upheld by the Privy Council in cases coming from various colonies including one from Malaysia. The superior Courts of Pakistan also have not accepted this view. For example in slightly different circumstances, see Muhammad v. Hammad Raza, C.S.P. Commissioner, Sargodha Division PLD 1965 (W.P.) Lah. 692. Accordingly, there is no force in this petition. Leave to appeal, is refused.

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