TILAK MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(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 countrymade pistol loaded with live cartridge was recovered during trial on 18.02.1991.

(3.) 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.