1994 P Cr (PLP)

MIAN ABDUL KHALIQ, J: -- Abdul Rauf son of Abdul Hameed was convicted and sentenced to suffer 7 years' R.I. plus a fine of Rs.30,000 in default whereof to undergo 1-1/2 years' R.I. by the learned Judge, Special Court (Suppression of Terrorist Activities), Bahawalpur Division, Bahawalpur, on 29-9-1993 for possession of an unlicensed Klashnikov, and to assail the same he has come up in appeal.

2. Shortly mentioned the facts of the case are that on the night between 12/13-1-1993 the appellant was produced by P.W.2 Hamid Hassan, A.S.I. before S.H.O. Muhammad Ali P.W.4 alongwith illicit Klashnikov P.1 in a connected murder case, which was secured vide memo. Exh.P.B. The appellant did not plead guilty to the charge and in consequence thereof he was tried by the learned Special Judge.

3. The prosecution in order to prove its case produced Muhammad Yousuf, S.I. (p.W.l), Hamid Hassan, A.S.I. (P.W.2), Muhammad Shafi, H.C. (P.W.3) and Haji Muhammad Ali, S.H.O. (P.W.4).

4. Yousuf Ali, S.I. (P.W.1) drafted formal F.I.R. Exh.PA./1 on 13-1-1993 on receipt of complainant Exh.PA. Hamid Hassan, A.S.I. (P.W.2) between the night 12/13-1-1993 alongwith Muhammad Shafi H.C. (P.W.3), other police officials and Ghulam Ahmad Constable Driver, deceased of the connected murder case, were on patrol duty when they after chasing the accused had apprehended the appellant and recovered an illicit Klashnikov P.1 and had produced it before Haji Muhammad Ali S.H.O. (P.W.4), who secured the same vide memo. Exh.P.B. Muhammad Shafi H.C. (P.W.3) corroborated the statement of P.W.2 Hamid Hassan A.S.I. Haji Muhammad Ali S.H.O. (P.W.4) had secured Klashnikov P.1 vide memo. Exh.P.B. which had earlier been recovered by P.W.2 Hamid Hassan A.S.I. from the appellant and prepared its sealed parcel. The same was secured in connected murder case, F.I.R. No.11/1993. Rashid Ali trainee A.S.I. on dictation drafted complaint Exh.PA. and sent the same to the police station for registration of the case.

5. The appellant while making statement under section 342, Cr.P.C. denied the allegations levelled against him and took the plea that he was falsely implicated in the case for the reasons that Sana Ullah deceased of the connected murder case was his friend. The P.Ws. were police officials and they deposed falsely against him in order to save their own skin. He neither produced evidence in defence nor made statement on oath.

6. The learned counsel contends that there was absolutely no sufficient evidence to connect the appellant with the commission of the crime inasmuch as it was mandatory on the prosecution to have joined public witnesses when the recovery was effected. The learned counsel for the State admits that the Klashnikov and sufficient amount of ammunition was recovered at the instance of the appellant in the connected murder case. .

7. We have heard the learned counsel for the parties at length, and have also perused the whole record with care. The P.Ws. are police officials. P.W.2 Hamid Hass" A.S.I. on patrol duty alongwith other police officials/witnesses were informed by P.W.4 on wireless about the alleged commission of murder. He had prior information. He never cared to join the public witnesses in the case. All the P.Ws. were police officials and a police constable was allegedly murdered in the connected murder case F.I.R. No.ll/93 of Police Station City Chishtian. The police witnesses are interested for the success of their case. P.W.4 is the complainant as well as the investigator and the other P_Ws. were A working under him. P.Ws. 2-and 4 had never cared to join the public witnesses during the recovery proceedings. The testimony of the aforesaid witnesses, in the circumstances, cannot be relied upon. This being so, in our view the conviction cannot sustain and resultantly this appeal is allowed and the appellant who is in jail is acquitted of the charge. He shall be released forthwith if not required in any other case. N.H.Q./A-649/L????????????????????????????????????????????????????????????????????????????????? Appeal allowed.