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1993 P Cr. L J 1197

ABBAS KHAN vs THE STATE

Citation1993 P Cr. L J 1197
CourtLahore High Court
Case No.Criminal Appeal No,295 of 1987
Date1992-11-15
Judge(s)Muhammad Nawaz Abbasi
ResultAppeal dismissed

' Abbas Khan son of Charagh faced trial under section 13 of the Arms Ordinance, 1965 before the learned Additional Sessions Judge, Mianwali who vide judgment, dated 22-4-1987 found the appellant guilty and convicted him. He was imposed sentence of fine of Rs,1,000 and in default of payment of fine to suffer 6 months' R.I.

2. The prosecution case in brief is that during the investigation of case under section 307/34, P.P.C.

Appellant 'produced unlicensed .12 bore gun before the Investigating Officer on 25-5-1983. A complaint Exh.P.A. Was prepared on the basis of which case was registered through formal F.I.R.

Exh.P.A./1 recorded by Ghulam Sabir Moharrir H.C. P.W.1. Gun P.1 was taken into possession by P.W.3 Sajid Hussain S.I. Vide recovery memo.

' Exh.P.B. Abdul Rehman P.W.2 and Sajid Hussain P.W.3 proved the recovery of gun P.1. The appellant in his statement under section 342, Cr.P.C. Denied the recovery of gun. He, however, did not produce defence evidence.

2. The main contention of the learned counsel for the appellant is that Abdul Rehman P.W.7 is an interested witness and with the exclusion of his evidence, the sole evidence of Sajid Hussain, S.I.

P.W.8 is not enough to establish the charge.

3. I have considered the arguments of the learned counsel for the parties and have perused the record.

4. The gun P.1 was produced by the appellant before P.W.3 in presence of P.W.2. The statement of P.W.2 is fully corroborated by P.W.3 an independent witness and thus in this way the recovery of gun is proved beyond any doubt. Admittedly, the appellant could not produce any licence for the possession of gun and was found guilty.

5. For the foregoing reasons, I see no force in this appeal which fails. The sentence of fine awarded to the petitioner is maintained. The appeal is dismissed.

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