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K.L.R. 1997 Criminal Cases 34

NEHMAT ULLAH KHAN vs THE STATE

CitationK.L.R. 1997 Criminal Cases 34
CourtLahore High Court
Case No.Crl Appeal No. 654 of 1993
Date1996-03-18
Judge(s)Iftikhar Hussain Chaudhry
ResultN/A

IFTIKHAR HUSAIN CHAUDHARY, J.- This appeal under section 7 of the Suppression of Terrorist Activities Act, 1975 is directed against judgment dated 13.9.1993 passed by Special Court No. 2, (Suppression of Terrorist Activities) Sargodha, whereby the appellant was convicted for offence u/S. 13 of the Arms Ordinance, 1965 and awarded a sentence of five years, R.1, and a fine of Rs.

20.000/- and in default of payment of fine one years, R.I.

2. Case FIR No. 58, dated 1.5.1993 was registered at Police Station Piplan District Mianwali against the appellant on the ground that one un-licenced kalashnikov loaded 26 live cartridges was recovered from his possession. Resultantly, case under section 13 of the Arms Ordinance, 1965 was registered against the accused.

3. The accused/appellant was tried in the Court of Punjab Special Court No. 2 (Suppression of Terrorist Activities) Sargodha. After conclusion of the trial the accused was convicted as stated above. He has appealed to this Court against his conviction and sentence awarded to him.

Learned counsel for the appellant as well as the State have been heard in the matter.

4. Learned counsel for the appellant submitted that he would not assail the conviction but would seek reduction in terms of imprisonment awarded to the appellant. Learned counsel for the State has not opposed the prayer made on behalf of the appellant.

5. After considering the facts and circumstances of the case, sentence awarded to the appellant is reduced from five years' R.L to three years' R.I Sentence of fine, however, is maintained. The .Appellant shall be, given benefit of provisions of section 382-B Cr.P.C.

6. With this modification in sentence, the appeal is dismissed.

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