JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Jail Appeal.No.S-136 of 2019.

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DATE                   ORDER  WITH  SIGNATURE  OF  HON’BLE  JUDGE

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For hearing of main case.

20.03.2023

                        Mr. Razi Khan R. Chandio, Advocate for the appellant.

Mr. Ali Anwar Kandhro, Addl.P.G for the State.

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IRSHAD ALI SHAH, J.- It is case of prosecution that on arrest from the appellant was secured an unlicensed pistol of 30 bore with magazine containing four live bullets of same bore, which he allegedly used for committing murder of Rab Nawaz Chandio, for that he was booked and reported upon. On denial of charge by the appellant, the prosecution examined in all two witnesses and then closed its side. The appellant in his statement recorded under Section 342 Cr.PC denied the prosecution’s allegation by pleading innocence. He did not examine himself on oath or any one in his defence.  On conclusion of trial, he was convicted under Section 24 of Sindh Arms Act, 2013 and sentenced to undergo rigorous imprisonment for 04 years with fine of Rs.20,000/- and in default whereof, to undergo simple imprisonment for three months, by learned 2^nd Additional Sessions Judge, Qamber, vide judgment dated 21.12.2019, which he has impugned before this Court by preferring the instant criminal appeal from jail.

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 by foisting upon him an unlicensed pistol at the instance of complainant party of main murder case and he has been convicted and sentenced on the basis of misappraisal of evidence by learned trial Court, therefore, he is entitled to his acquittal by extending him benefit of doubt, which is opposed by learned Addl.P.G for the State by contending that the appeal preferred by the appellant against his conviction in main murder case has already been dismissed by this Court and the prosecution has been able to prove its’ case against him beyond shadow of doubt.

3.       Heard arguments and have perused the record.

4.       It is stated by complainant SIP Ubedullah that on the date of incident when he with his staff was out to investigate main murder case, arranged for the private witnesses, was intimated by spy about availability of the appellant by the side of Government Godown; on such information went at the pointed place, apprehended the appellant, secured from him an unlicensed pistol of 30 bore with magazine containing four live bullets, it was disclosed to him by the appellant to have been used by him while committing murder of Rab Nawaz; such memo of recovery was prepared at the spot, it was attested by mashirs/PWs Aizaz Ali  and Abdul Sattar; the appellant then was taken to P.S Warrah and was booked in the present case formally. The evidence of the complainant takes support from evidence of Mashir/PW Abdul Sattar on all material points. They have stood by their version despite lengthy cross examination. The complainant indeed was having no enmity to have involved the appellant in this case falsely by making foistation of an unlicensed pistol upon him, which even otherwise has been found matched with one of the empty secured from the place of incident of main murder case, as is indicated in report of Forensic Expert. In these circumstances, the learned trial Court was right to conclude that the prosecution has been able to prove its case against the appellant beyond shadow of doubt. No illegality or misappraisal of evidence is apparent which may justify this Court to make interference with the impugned judgment. Consequently, the instant criminal jail appeal fails and is dismissed accordingly.

JUDGE