Short Note : The appellant Adiram has filed this appeal from the judgment dated 28-11-1972 by the Additional Sessions Judge, Gwalior, by which he convicted the appellant under section 25(a) of the Arms Act and sentenced him to undergo two years' rigorous imprisonment. Held : After going through the statement of the aforesaid three witnesses I fined that it would not be free from risk to accept the statement of R.S. Tomar, S.I. in view of the statements of the two attesting witnesses viz. PW 2 Gyansingh and PW 3 Durgasingh who have no doubt tried to support the prosecution case in the examination-in-chief but whose testimony has been broken in the course of their cross-examination. 2. Accordingly, I give the accused the benefit of doubt as the prosecution has not succeeded in proving the case against him beyond reasonable doubt. Appeal allowed.