IN THE HIGH COURT OF SINDH, AT KARACHI
Criminal Appeal No. 215 of 2019
Appellant: Ramzan
through Mr. Shabbir Ahmed Kumbhar advocate
The State: Through
Mr. Khadim Hussain, Additional Prosecutor General Sindh
Date of hearing: 25.10.2022
Date of judgment: 25.10.2022
J U D G M E N T
IRSHAD ALI SHAH, J- It is the case of the prosecution that on
arrest from the appellant was secured unlicensed SBBL gun of 12 bore, which he
allegedly used for committing murder of Muhammad Hassan, for that he was booked
and reported upon. After due trial, he was convicted u/s 25 of Sindh Arms Act,
2013 and was sentenced to undergo rigorous imprisonment for 10 years and to pay
fine of Rs.50,000/- and in default whereof to undergo simple imprisonment for
06 months with benefit of section 382(b) Cr.P.C by learned Ist Additional
Sessions Judge, Thatta, vide judgment dated 07.03.2019, which is impugned by
the appellant before this Court by preferring the instant appeal.
2. It is contended by learned counsel for
the appellant that the appellant being innocent has been involved in this case
falsely by the police at the instance of the complainant party of the main
murder case by foisting unlicensed weapon upon him and evidence of the P.Ws
being doubtful in its character has been believed by learned trial Court
without assigning cogent reasons, therefore, the appellant is entitled to his
acquittal by extending him benefit of doubt.
3. Learned Addl. PG for the state by
supporting the impugned judgment has sought for dismissal of instant appeal by
contending that the prosecution has been able to prove its case against the
appellant beyond shadow of doubt and his appeal in murder case has also been
dismissed by this Court.
4. Heard arguments and perused the record.
5. It was stated by complainant ASI Shoukat
Ali that on 13.09.2012, at the pointation of the complainant of the main murder
case, he apprehended the appellant, who then led to recovery of unlicensed SBBL
gun of 12 bore from his house by making a disclosure that it was used by him in
commission of main murder case, it was secured under memo prepared by him at
the spot in presence of mashirs and then the appellant was formally booked and
reported upon in the present case. P.W/mashir Yousuf has supported the
complainant on all material points with regard to the arrest of the appellant
and recovery of unlicensed weapon from him. Their evidence takes support from
positive forensic report. They have stood by their version on all material
points, therefore, it would be hard to believe that they have involved the
appellant in commission of the incident at the instance of the complainant
party of main murder case by foisting an unlicensed weapon upon him. In these
circumstances, it is rightly being contended by learned Addl. P.G for the state
that the prosecution has been able to prove its case against the appellant
beyond shadow of doubt.
6. In view of facts and reasons discussed
above, it is concluded that no case is called for, for making interference with
the impugned judgment by this Court by way of instant appeal, it is dismissed
accordingly.
JUDGE