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K.L.R. 1995 Criminal Cases 621

MUHAMMAD ILYAS vs THE STATE

CitationK.L.R. 1995 Criminal Cases 621
CourtLahore High Court
Case No.Crl. Appeal No. 920 of 1992
Date1994-10-05
Judge(s)Talat Yaqub
Resultorder accordingly

JUDGMENT MISS TALLAT YAQUB, J.- The appellant stands convicted under section 13 of Arms Ordinance, 1965, by the learned Judge, Special Court, Suppression of Terrorist Activities, Lahore, vide judgment dated 10-10-1990 and sentenced to three years R.I. With fine of Rs. 20, 000/- or in default thereof further R.I. For one year.

2. Briefly, the prosecution case is that the appellant was in police custody in case FIR No. 102/90, under section 307 PPC. During interrogation, he disclosed and led to the recovery of an unlicensed Mauser P.1 and for bullets P-2/1-4, from his residential house in village- Daoke lying under a pillow on the cot, which were taken into possession vide memo. Ex.PB. Accordingly Ch. Abdul Haq SI (PW3) drafted complaint Ex.PA and formal FIR Ex.PA/1 was recorded by Piran Ditta ASI (PW.1).

3. The prosecution in support of its case examined Piran Ditta ASI who recorded the FIR. Badar Munir P.W. 2 and Ch. Abdul Haq SI (PW3) testified the recovery of illicit arms. The latter also investigated the case.

The defence of the appellant was bare denial, and false implication. He appeared as D.W. 1 and produced his brother Abbas Ali as D.W.2.

4. The learned counsel for the appellant has not seriously challenged the conviction of the appellant on merits and rightly so, as there is overwhelming evidence against him to sustain the charge. However, learned Additional Advocate-General on instructions from the Jail authorities submitted that the appellant had completed his sentence awarded to him by the impugned judgment, and this appeal has become infructuous.

5. Since the learned counsel for the appellant has failed to point out any material discrepancy in the impugned order and appraisal of evidence by us also leads to this conclusion that the appellant has been rightly convicted, therefore, we have no option but to dismiss this appeal.

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