' MUHAMMAD MUNIR KHAN, J.--This Criminal Appeal arises from the judgment of learned Additional Sessions Judge, Mianwali, whereby he on 24-1-1984 convicted Khan Bahadur appellant under section 13 of the Arms Ordinance, 1965 and sentenced him to one year R.I. On the charge that he was keeping unlicenced gun Exh. P.1 on 14-3-1980.
2. To prove its case, prosecution examined Fateh Khan, Head Constable P.W.1, Abdul Hameed P.W.2 and Nazir Ahmad A .S.I. , P.W.3. Abdul Hameed P.W.2 and Nazir Ahmad, A.S.I., P.W.3 stated that unlicensed Gun Exh. P.1 alongwith 6 cartridges were recovered from the possession of the appellant.
3. When examined under section 342, Cr.P.C., the appellant denied incriminating circumstances. He did not produce any evidence in defence.
4. Learned counsel for the appellant submitted that no independent witness was produced to prove the recovery of unlicensed Gun alongwith 6 cartridges from the appellant. Learned counsel for the State has supported the judgment of the trial Court.
5. We have considered the submissions made by the learned counsel for the parties with care. We feel persuaded to agree with the learned counsel for the appellant. We find that only police officials, who are naturally interested in the conviction of the appellant have been produced by the prosecution and that no independent witness from the locality was joined in the investigation or produced as a witness. In these circumstances, we feel it unsafe to maintain the conviction.
' For what has been said above, while giving benefit of doubt to the appellant, he is acquitted of the charge.