ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Revision Application No.S-115 of 2021

(Sibghatullah @ Bhali Khan Vs. The State)

Date	Order with signature of Judge

1. For Orders on office objection.

2. For hearing of main case.

07-03-2023.

Mr. Imdad Ali Malik, advocate for the applicant.

Mr. Khalil Ahmed Mailto, Deputy P.G for the State.

12-09-2014

.-.-.-. -.-.-.-.-.-.-.-.-

1. The facts in brief necessary for disposal of instant Crl. Revision Application are that the applicant was found to be in possession of unlicensed rifle of 222 bore with magazine containing 04 live bullets of same bore by police party of PS A-Section Ghotki led by ASI Muhammad Awais Lashari, for that he was booked and reported upon by police. On conclusion of trail, he was convicted u/s 13 (d) of Arms Ordinance, 1965 and sentenced to undergo imprisonment of 03 years and to pay fine of Rs. 5000/- and in default whereof to undergo simple imprisonment for 15 days with benefit of section 382-B Cr.P.C by learned IInd Judicial Magistrate, Sukkur, vide judgment dated 27-01-2021, which he impugned by preferring an appeal, it was dismissed by learned IIIrd Additional Sessions Judge/(MCTC-II), Sukkur vide judgment dated 28-09-2021, which is impugned by the applicant before this Court, by preferring the instant Crl. Revision Application.

2. As per jail roll, the applicant has already completed his Jail term and is confined in Jail to undergo the sentence which is awarded to him in main murder case. Probably for this reason his counsel has neglected the instant Crl. Revision Application, which could not be kept pending on file of this Court indefinitely for want of his appearance. It is now going to be disposed off on merits, after hearing learned DPG for the State, who by supporting the impugned judgments has sought for dismissal of instant Crl. Revision Application by contending that it was applicant, who by way of judicial confession has admitted to have used the subject rifle for committing murder of Mst. Zubaida Khatoon.

3. Heard and perused the record.

4. The complainant ASI Awais Lashari could not be examined by the prosecution on account of his death, it was natural act. It was stated by and PW/PC Ali Akbar that on arrest from the applicant was secured an unlicensed rifle of 222 bore by the complainant under the memo, which he attested; the applicant was booked accordingly. The said rifle was subjected to forensic test, it returned to be positive. Whatever is stated by PW/mashir PC Ali Akbar takes support from the evidence of I/O SIP Ali Nawaz. They have stood by their version, on all material points. Indeed, they were having no reason to have involved the applicant in this case falsely by making foistation of unlicensed rifle upon him. They are appearing to be natural witnesses to the incident. As such they have rightly been believed by learned trial and appellate Courts. No illegality is apparent which may justify this Court to make interference with the impugned judgment(s) by way of instant Crl. Revision application, it is dismissed accordingly.

JUDGE