GHULAM SARWAR Versus THE STATE

ORDER

Facts leading to filing of this Criminal Revision are that Muhammad Mansha, petitioner's son, was reported against the challan was submitted against him under section 302/34, P.P.C. for the murder of Nasreen, aged 6/7 months, and injuries to Yousaf P.W. According to the prosecution version Mst. Kausar Bibi, sister of Mansha accused was. married to one Muhammad Yousaf. On account of differences they fell apart and Muhammad Yousaf took his daughter Nasreen from his wife Mst. Kausar. Mst. Kausar narrated the incident to her brother of Mansha, who took a gun and fired at Yousaf, which resulted in death of Mst. Nasreen, an infant of 6/7 months, and injuries to Yousaf.

During trial, prosecution examined four witnesses who exonerated the accused, whereupon, on the application under section 265-K, Cr.P.C. Muhammad Mansha was acquitted. It was, however, directed that the gun recovered at the instance of the accused shall be confiscated in favour of the State. Subsequently-, the accused was also acquitted of the offence under Arms Ordinance. In this petition Ghulam Sarwar petitioner has contended that he was owner of the gun .12 bore, and it was a licensed one. In such circumstances, on account of acquittal- of Muhammad Mansha the gun should have been restored to him.

2. I have heard the learned counsel at length and gone through the file. Accused Muhammad Mansha was acquitted by the trial Court for the charge of murder as well as for the charge under Arms Ordinance. It was claimed that the gun belonged to father of accused Muhammad Mansha, i.e. the petitioner. I feel the gun should have been given to the petitioner who is its lawful owner and a licensee also. In these circumstances, the Revision is accepted and it is directed that .12 bore gun taken into custody in pursuance of case F.I.R. No.206, dated 13-11-1993 under section 302/34, P.P.C., Police Station Barana, District Jhang, shall be restored to the petitioner on furnishing his documents establishing his ownership and licence. The petition is disposed of.

N.H.Q./G-19/L Revision accepted.