1981 P Cr (PLP)

MUHAMMAD HASSAN SINDHER, J.-Manzoor Ahmad appellant was on 25th June, 1974 arrested on the charge of murder and had allegedly same day led to the recovery of knife (P. 3) with a blade of five inches in length from underneath the chaff inside a kotha at the dera of Ahmad Khan his co-accused in the main case. Knife with blade of this length was included `arms' as defined under section 3, the West Pakistan Arms Ordinance, 1965. The appellant did not have licence for possession of the knife as required by section 9 of the Ordinance. Conse quently, case for the offence under section 13 was registered against the appellant on a formal complaint (P.E.) made by Abdul Rashid Sub. Inspector who had effected the recovery. Trial of this case was also held I before learned Sessions Judge, Gujrat ending in conviction of the appellant and sentence of rigorous imprisonment for one year which was made concurrent with the sentence of life imprisonment awarded to the appellant for the offence of murder under section 302, Pakistan Penal Code. The appellant has filed appeals to challenge his conviction in both cases. This judgment deals with and disposes of appeal in the case under the Arms Ordinance.

2. Ghulam Haider and Abdul Rashid Sub-Inspector were examined on the side of prosecution to prove the recovery of knife (P. 3) attributed to the appellant. Ghulam Haider (P. W. 1) had confirmed the version of the Sub-Inspector that the appellant had led to the recovery of knife from inside a kotha at the dera of Ahmad Khan. Appellant denied the recovery contending that knife was planted on him to strengthen the case of murder against him. Learned Sessions Judge held that evidence of prosecution witnesses was capable of full reliance and that the recovery of knife from underneath chaff shows that the appellant alone could locate the knife.

3. The appellant has already served the sentence. Nevertheless, the question of propriety or otherwise of finding of guilty against him has to be determined. We do not agree with learned Sessions Judge that case stands proved against the appellant beyond any doubt. His finding on reliability of prosecution witnesses is liable to be set aside on the short ground that Ghulam Haider (P. W. 1) is maternal uncle of Bashir deceased for whose murder the appellant was held liable with Ahmad Khan Ghulam Haider has further admitted that 8/9 persons were available to, join the recovery. There is no explanation why independent persons were excluded. Omission to join them casts grave doubt against the recover. We allow the appeal, set aside conviction of the appellant and acquit hw,` of the charge giving him benefit of doubt. Appeal allowed.