Penal Code, 1860–Secs. 394 & 397–Arms Act, 1959–Sec. 25–Conviction–Sustainability–Nothing on record either in the form of statements of witnesses or even the medical report that the pistol was ever used by the appellant–Recovery of the pistol is doubtful–It is strange to note that the appellant will continue to carry the pistol in his pocket day after the incident and will be arrested along with that–PW 5 & PW 6 did not support the case of prosecution–Improvement in the statement of complainant–Presence of appellant at the scene of crime and recovery of pistol from his instance is doubtful–Conviction cannot be sustained.
