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