2000 PLP 169 (SCMR)
RAQIB KHAN — Petitioner Versus THE STATE — Respondent
| Citation | 2000 PLP 169 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Muhammad Jehangiri and Abdur Rehman Khan, JJ |
| Parties | RAQIB KHAN — Petitioner Versus THE STATE — Respondent |
| Primary Law | West Pakistan Arms Ordinance (XX of 1965) |
Q1: What are the key laws and sections cited in 2000 PLP 169 (SCMR)?
This judgment primarily cites: West Pakistan Arms Ordinance (XX of 1965) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2000 PLP 169 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Muhammad Jehangiri and Abdur Rehman Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2000 PLP 169 (SCMR) (RAQIB KHAN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Amin Khattak, Advocate Supreme Court instructed by Fateh Muhammad Khan, Advocate-on-Record for Petitioner.
- Date of hearing: 5th August, 1999.
Headnotes / Summary
(On appeal from the judgment dated 2-2-1999 of the Peshawar High Court, Peshawar, passed in Criminal Appeal No. 170 of 1996).
S. 13-E
Constitution of Pakistan (1973), Art. 185(3)
Witnesses of recovery of unlicensed pistol from possession of accused being police officers was not a reasonable ground for disbelieving them, particularly when they had apprehended the accused after giving him a chase for 180 paces in the Cattle Fair while he was running away from the spot after committing the murder with the same
Leave to appeal was refused to accused by Supreme Court accordingly. Nemo for the State.
Judgment & Decree
MUHAMMAD BASHIR JEHANGIRI, J.
The petitioner has been aggrieved by an order of the Peshawar High Court, Peshawar, .maintaining his conviction "under section 13-E of the Pakistan Arms Ordinance (XX of 1965) and his sentence to rigorous imprisonment for two years and a fine of Rs.1,000 or in default to undergo further simple imprisonment for three months.
2. A pistol of '32 bore was recovered from the petitioner on 16-12-19at about 12-45 p.m. the Cattle Fair of village Ahmadabad with which he had committed the murder of one Haji Noor Khan of village Warana Mir Hassan Khel, District Karak. Two police constables, namely Hafizur Rehman and Abdullah Shah had witnessed the recovery memo. Exh.PC one of whom had stated that the pistol had been recovered from the petitioner while he was running away from the spot after committing a murder with it. His testimony is corroborated by evidence of Gul Raees Khan, S.H.O. (P.W.3). Both of them were cross-examined at length but nothing could be elicited so as to cast doubt on the veracity of their depositions.
3. We have heard the learned counsel for the petitioner and, perused the record with his assistance.
4. The contention that the two witnesses of recovery of the unlicensed '32 bore pistol from the possession of the petitioner being police officers were not worthy of reliance is not a reasonable ground for disbelieving them particularly when they had apprehended the petitioner after he was given a chase for 180 paces in the Cattle Fair and had fired to death Haji Noor Khan deceased.
5. There is no substance in this petition, and it is accordingly dismissed. N.H.Q./R-49/S Leave refused.