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Judgment
Anjana Prakash, J.—The Appellant has been convicted u/s 27 of the Arms Act and sentenced to RI for three years by a judgment dated 20.11.1995 by 12th Additional Sessions Judge, Patna in S. Tr. No. 771/88.
The prosecution case is that on 27.08.1987 the Sub-inspector of Police, Kadamkuna, Police Station arrested the Appellant on suspicion and from his possession a countrymade pistol loaded with live cartridge was recovered during trial on 18.02.1991.
P.W. 1 was examined by the prosecution but he could not be cross-examined in absence of the counsel for the defence and the case was closed after examination of P.W. 1 who is merely on the point of seizure of pistol from the possession of the accused.
In view of no opportunity having been given to the Appellant for cross-examination, I am not inclined to uphold the conviction of the Appellant on the half eye-witness account of P.W. 1. In the result, the appeal is allowed and the judgment dated 20.11.1995 passed by the 12th Additional Sessions Judge, Patna in S. Tr. No. 771/88 is set aside. The Appellant is discharged of the liability of his bail bond.