1988 PCRLJ 1954

ABDUL KHALIQ Versus THE STATE Q.M. Saleem , M . Iqbal

Citation1988 PCRLJ 1954

CourtLahore High Court

Case No.Criminal Appeal No. 535 of 1983

Date1986-02-08

Judge(s)Muhammad Munir Khan

ResultAppeal dismissed

This criminal appeal arises from the judgment of learned Additional Sessions Judge, Gujrat whereby he, on 24‑7‑1983 convicted Abdul Khaliq appellant under section 13 of the Arms Ordinance, 1965 and sentenced him to one year's R.I.

2. The charge against him was that he led to the recovery of unlicensed dagger Exh.P.l from his possession. He denied the charge and claimed to be tried.

3. To prove its case prosecution produced two witnesses. Ghulam Safdar P.W.1 stated that the appellant had led to the recovery of dagger EXh.P.l from his house which was taken into possession vide memo. Exh.P.A. Sh. Farrukh Hussain S.I. P.W.2 supported the statement made by Ghulam Safdar P.W.1.

4. When examined under section 342, Cr.P.C. the appellant denied the recovery of dagger Exh.P.l from his possession and pleaded false implication. He did not produce any evidence in defence.

5. Learned counsel for the appellant stated that the prosecution witnesses are not reliable and that Muhammad Saeed the other witness of recovery has not been produced without any justification. Learned counsel for the State has supported the judgment of the trial Court.

6. I have considered the submission made by the learned counsel for the parties with care. I have not been able to persuade myself to agree with the learned counsel for the appellant. I find that Ghulam Safdar P.W.1 is an independent witness. The statements made by the two prosecution witnesses do not suffer from‑any legal infirmity. They had no ill‑will against the appellant. I do not see material contradictions/ discrepancies in their statements. The appellant has not been able to rebut the prosecution case and its evidence.

7. For what has been said above, the appeal is dismissed. The sentence of one year's R.I. awarded to Abdul Khaliq appellant in this case shall run concurrently with the sentence of imprisonment for life awarded to him in the connected murder case, by the learned Additional Sessions Judge, Gujrat on 24‑7‑1983.

M.Y.H./A‑361/L Appeal dismissed.