MUHAMMAD ZAMAN Versus THE STATE

FALAK SHER, J. ‑‑‑ Muhammad Zaman appellant (28) having been convicted and sentenced under section 13 of the Pakistan Arms Ordinance, 1965 to 3 years' R.I. with a fine of Rs.10,000 in default to serve another term of 6 months' R.I. availing the benefit contemplated by section 382‑B of the CIY.C. by the learned Judge, Special Court for Speedy Trials, Gujranwala vide judgment, dated 18‑5‑1992 for keeping unlicensed klashnikov with a magazine, has preferred the present appeal.

2. On the complaint Exh. P.B. of Rana Muhammad Yasin, S.I. P.W.2 recorded on 22‑5‑1991 at 2‑00 a.m. at brick‑kiln of Master Ali Ahmad in the area of Village Kullah Chaur, District Gujrat, 3/4 kilometres from Police Station Sadar Jalalpur Jattan formal F.I.R. Exh.P.B./1 was registered by Muhammad Nazir, Muharrir/Head Constable (not produced) at 2‑30 a.m. alleging recovery of Ylashnikov P.1 alongwith magazine P.2 from the appellant vide memo. Exh, PA witnessed by Rana Muhammad Yasin, S.I. and Ijaz Ahmad, F.C. P.W.3 on tipped off presence of the appellant alongwith Abdul Jabbar, Muhammad Ilyas and Aziz Ahmad named accused of the case registered vide F.I.R. No.165 of 1991 under section 302/1‑48/149, P.P.C. of the same police station. ,

3. At the trial the complainant/Investigating Officer reiterating the prosecution story in cross‑examination stated that the appellant was reduced into captivity after 20 Karams chase, repelling the suggestion as to false implication on which count he was corroborated on all material particulars by Ijaz Ahmad the second P.W.

4. While the appellant entering the plea of denial and pleading false involvement in his statement under section 342, Cr.P.C. tendered Exh DA tending to manifest reported innocence in the murder case.

5. Legality of the impugned judgment was assailed by the learned counsel for the appellant contending false involvement with a view to buttressing the murder case, improbability of the prosecution story for want of firing by four armed murderers, non‑association of public witness with the alleged recovery despite receipt of information a kilometre away and summoning of a tailor for stitching a wrapper for the recovered weapon.

6. With which we are not persuaded having gone through the entire evidence because of the admitted absence of any motive for the recovery witnesses to falsely plant the expensive weapon on the appellant prima facie A seems to have been arrested in hot pursuit in the murder case reported on the preceding afternoon, subsequent exoneration wherefrom is suggestive of bona fide of the investigating agency.

7. Consequently the appeal being devoid of any substance is hereby dismissed.

N.H.Q./M‑1818/L Appeal dismissed.