2010 Y L R 3230
[Quetta]
Before Mrs. Syeda Tahira Safdar and Ghulam Mustafa Mengal, JJ
SIRAJ AHMED ---Appellant
Versus
THE STATE ---Respondent
Criminal Jail Appeal No. 68 of 2007, decided on 21st July, 2010.
Penal Code (XLV of 1860) ---
----Ss. 302 & 324 ---West Pakistan Arms Ordinance (XX of 1965), S. 13(e) ---Qatl-e-amd,
attempt to commit qatl -e-amd and possessi on of unlicensed arms etc. ---Appreciation of
evidence ---Benefit of doubt ---Accused allegedly appeared and confessed before the Police to
have committed the murder with the unlicensed dagger and surrendered himself to the Police
which registered the present case against him under S.13(e) of the Pakistan Arms Ordinance,
1965 ---Another F.I.R. nominating the present accused in the same alleged murder had been
lodged by the complainant party on the same date ---F.I.R. registered on the basis of alleged
confession mentioned the time of occurrence at 11.30 p.m. while the F.I.R. lodged by the
complainant party alleged that the occurrence took place at 11.30 a.m. on the same date ---
Contradiction in the F.I.Rs. as to the timing of the occurrence created reasonable doub t and
benefit of the same should have gone to the accused ---Trial Court did not take into account
the relevant facts of the case ---Accused was acquitted in circumstances.
Waseem Dumar for Appellant.
Mrs. Sima Jamal for the State.
Date of heari ng: 3rd May, 2010.
JUDGMENT
MRS. SYEDA TAHIRA SAFDAR, J. -The appellant being aggrieved of judgment dated 30 -
10-2007 of Additional Sessions Judge, Lasbella at Hub, whereby he has been convicted for
the offence punishable under section 13(e) of Pa kistan Arms Ordinance, 1965, while
punished to stiffer rigorous imprisonment for a period of three years with fine of Rs.5000, in
default of payment further suffer imprisonment for a period of four months, preferred present
appeal from jail. He has prayed for his acquittal, fine be forgone, as he has been involved in
present case falsely, the witnesses have also given false evidence.
As per prosecution case the nominated person Siraj Ahmed son of Nadullah in case
pertaining to F.I.R. No.12 of 2007 Polic e Station Bela District Lasbella holding in hand a two
edged knife came to Thana and in presence of Nabi Bakhsh A.S. -I. and Abdul Rauf 36 -C,
produced it with statement that it is the same dagger through which he murdered Ghulam
Muhammad son of Awal Khan by hitting him at chest and abdomen and his companion
Abdul Hafiz son of Muhammad Noor was injured. He surrendered him for arrest. The dagger
was taken into custody and he was asked about license, as he failed to produce the same, the
present case was regist ered, investigation was made, on completion case was challaned.
Charge was framed on 23 -7-2007 for the offence of keeping in his possession dagger without
any valid license issued in his favour, thus committed offence under section 13(e) Arms
Ordinance, 19 65. On denial of charge, witnesses were called, while examination of
accused/appellant was made. On completion of trial the case was decided through judgment
made on 30 -10-2007 thereby convicting the accused/ appellant of the charge. Feeling
aggrieved of t he same instant appeal has been filed.
As per record in respect of an incident, whereby one Ghulam Muhammad and Abdul Hafeez
were attacked and injured by stabbing with dagger, whereby Ghulam Muhammad did not
survive of the injuries, F.I.R. No.12 of 200 7 Police Station Bela District Lasbella was
registered on 7 -4-2007 at 11 -50 p.m. In said case the appellant was nominated by the
complainant, while instant case is connected with the mentioned case, as it has been reported
that the appellant being accused in said case himself produced the crime weapon while
appearing before police in the Thana, whereby he was arrested in murder case and as he was
also in possession of unlicensed dagger he was booked in instant case.
As per prosecution witness Muhammad S harif S. -I., who recorded his statement as P.W.1,
stated that in his presence at 11 -30 p.m. the nominated accused person of case No.12 of 2007
Siraj Ahmed appeared in Thana holding a dagger in his hand, in presence of witnesses Nabi
Bakhsh and other offici als produced it with averments that it is the weapon through which he
killed Ghulam Muhammad by hitting him at his chest and stomach and also injured Abdul
Hafeez Memo. of recovery was prepared pertaining to case No.12 of 2007. Instant case was
also filed as the dagger was unlicensed one. P.W.3 Abdul Nabi S. -I. is the Investigation
Officer. P.W.2 Attaullah is witness of taking over of memo. of recovery of dagger and
statement of witnesses recorded under section 161, Cr.P.C. pertaining to case No.12 of 2007.
The witnesses in whose presence the dagger was produced and taken into custody was not
produced in instant case.
As per P.W.1, who is the only witness in presence of whom appellant appeared and produced
the alleged weapon and made disclosure at 11 -30 p.m. on 7 -4-2007 appellant appeared,
whereafter, F.I.R. No.13 of 2007 for offence under section 13(e) of Arms Ordinance, 1965
was registered. The perusal of F.I.R. No.13 of 2007, which is present on record as Exh.P/1 -A,
reveals that as per the same the dat e and time of incident is mentioned as 7 -4-2007 at 11 -30
a.m. (day) while date and time of reporting is mentioned as 8 -4-2007 at 1 -10 p.m. (day).
There is no explanation about recording the date and time in such a manner. The witnesses in
presence of whom such recovery was made are not produced, only their statements recorded
during course of investigation are placed on record, which is of less value. Though the
connected case pertaining to F.I.R. No.12 of 2007 for offence under sections 302 and 324,
P.P.C. was also registered, whereby the appellant was nominated. Both the cases were tried
and heard by one and the same court. Both the appeals pending before this Court, pertaining
to both the F.I.Rs. were also heard together and record of both the cases was p erused. There
is contradiction in time of occurrence of the incident and the alleged surrender and production
of crime weapon. Incident as per F.I.R. No.12 of 2007, was occurred on 7 -4-2007 at 11 -30
p.m. while matter was reported on same date at 11 -50 p.m. while as per P.W.1 Muhammad
Sharif, he is the Investigation Officer of case No.12 of 2007, appellant/ accused appeared at
11-30 p.m. even before reporting of the murder case. Reasonable doubt appeared due to
above mentioned facts, the benefit of which was required to be exercised in favour of the
accused. The trial Court has not considered these facts, rather simply come to the conclusion
that the prosecution has established its case beyond reasonable doubt.
Keeping in view the above discussion, the pr osecution has failed to establish the case free
from all doubts, thus the benefit of the same is exercised in favour of the appellant. In the
circumstances appeal is accepted. The impugned judgment dated 30 -10-2007 of Additional
Sessions Judge, Lasbella at Hub is set, aside. Appellant Siraj Ahmed son of Nadullah is
acquitted for the offence punishable under section 13(e) of Pakistan Arms Ordinance, 1965
pertaining to F.I.R.. No. 13 of 2007 Police Station Bela District lasbella. He be released at
once, if no t required in any other case.
A.R.K./93/Q Appeal accepted.This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
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