SIBTAIN HUSSAIN SHAH Versus THE STATE M.B. Zaman , Mrs. Yasmeen Sehgal

MUHAMMAD MUNIR KHAN, J .‑‑This criminal appeal arises from the judgment of the 'learned Additional, Sessions Judge. Sargodha, whereby he on 10‑11‑1984 convicted Sibtain Hussain Shah appellant under section 13 of the Arms urdinanqe, 1965 and sentenced him to two years' R.I.

2. The charge against the appellant was that he was keeping unlicensed .12 bore gun Exh.P.1. He denied the charge.

3. To prove its case, the prosecution produced three witnesses. Manzoor Ahmad head constable p W.1 had drawn up formal F.I.R. Exh.P.A./1 Nawab Shah P.W.2 Muhammad Pervez Iqbal S.I. P.W. 3 stated that on 27‑3‑1983 the appellant had led to the recovery of unlicensed gun EXh.P.l from a room of his Dera situate in village Tarkipur.

4. When examined under section 342, Cr.P.C. the appellant denied all the incriminating circumstances. He did not produce any witness in defence.

5. Learned counsel contends that the two eye‑witnesses namely Nawab Shah and Pervez Iqbal S.I. are not reliable. Learned counsel for the State has supported the judgment of the trial Court.

6. We have considered the submissions made by the learned counsel for the parties with care. We find that Nawab Shah P.W.2 and Pervez Iqbal S.I. P.W.3 are quite independent witnesses. They had no motive to falsely involve the appellant in the case The statements' made by them do not suffer from any legal infirmity,

7. For what has been said above, we feel that the learned trial Court has rightly convicted and sentenced the appellant. The appeal is, therefore, dismissed.

M.Y.H./S‑174/L Appeal dismissed.