IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Appeal No. 216 of 2019

Appellant: Muhammad Rahim 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 alleged that on arrest from the appellant was secured unlicensed country made pistol of 12 bore, which he allegedly used for committing murder of Muhammad Hassan, for that he was booked and reported upon by the police. After conclusion of 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 way of the instant appeal.

2. It is contended by learned counsel for the appellant that the appellant has been involved in this case falsely by the police at the instance of the complainant party of the main murder case by making foistation of unlicensed weapon upon him and evidence of the prosecution witnesses being doubtful in its character has been believed by learned trial Court without lawful justification. By contending so, he sought for acquittal of the appellant by extending him benefit of doubt.

3. Learned Addl. PG for the state has sought for dismissal of instant appeal by supporting the impugned judgment by contending that the prosecution has proved 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 country made pistol 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 by him 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 conclude that they have involved the appellant in commission of present incident at the instance of the complainant party of main murder case by foisting upon him an unlicensed weapon. 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