JUDGEMENT Anjana Prakash, J. 1. The Appellant has been convicted under Section 27 of the Arms Act and sentenced to Rl for 3 years by a judgment dated, 20* November, 1995 by Twelfth Additional Sessions Judge, Patna in S. Tr. No. 771/88. 2. The prosecution case is that on 27th August, 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 18th February, 1991. 3. PW. 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 PW. 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 PW. 1. In the result, the appeal is allowed and the judgment dated, 20th November, 1995 passed by the Twelfth Additional Sessions Judge, Patna in S.Tr. No. 771/88 is set aside. The Appellant is discharged of the liability of his bail bond.