Cr. Appeal (SJ) No. 255 OF 1995 In the matter of an appeal under Section 374(2) of the Code of Criminal Procedure, 1973. ************ Tilak Mahto, S/o Ganesh Mahto @ Doman, R/o Mohalla-East Lohanipur, Khadpur, Police Station-Kadamkuan, in the district of Patna ……(Appellant) Versus THE STATE OF BIHAR-------(Respondent) ************* For the Appellants: Mrs. Nivedita Nirvikar, Adv. : Mr. Subodh Kumar Barnwal, Adv. For the State : Mrs. Pushpa Sinha-II, APP. ************** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J. 1. The appellant has been convicted under Section 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. 2. 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 country- made pistol loaded with live cartridge was recovered during trial on 18.02.1991. 3. 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. 4. 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. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 25th April, 2011. NAFR/Vikash/-