' RAFIQUE TARAT, J.-Jahana appellant was tried by the leraned Additional Sessions Judge, Jhang, under section 13 of the West Pakistan Arms Ordinance, 1965, for keeping an unlicensed gun and five cartridges in his possession. By judgment dated 29th November 1975, he was convicted on the said charge and sentenced to one year's R. I. He has appealed.
2. The case of the prosecution is that on 30th September 1973, late Sub-Inspector Inayat Ullah was present in village Thatha Sargana in connection with the investigation of the connected murder case when he received information that the accused of that case were hiding themselves in the beta in the area of village Burj Lal. He along with Pehlwan P. W. And Naja (not produced) rushed to that place and found the appellant and his co-accused in the murder case, present there. He arrested them and recovered gun (Exh. P. 1) and live cartridges (Exh. P. 2/1-5) from the appellant for which he could not produce any licence. The Sub-Inspector drafted the complaint (Exh. P. B.) against the appellant on the basis of which F. I. R. (Exh. P. B.)/1) was recorded at the police station by Allah Ditta, Head Constable, P. W.
2. After the investigation, the appellant was challaned. The appellant pleaded not guilty to the charge and denied the prosecution allegations against him. No evidence was led in defence.
3. In support of its case the prosecution examined only one witness, namely, Pehlwan (P. W. 1) who is a resident of Thatha Sargana situate at a distance of 2} miles from the place of recovery. Inayat Ullah Sub-Inspector could not be examined as he had died and Naja P. W. Was given up by the prosecution as unnecessary. Pehlwan P. W. Supported the recovery of illicit gun from the appellant.
In cross-examination he admitted that the place of recovery was at a distance of 6/7 killas from village Burj Lal and that no respectable of that village was summoned to join the recovery. The appellant had no opportunity to cross-examine any other witness as the investigating A officer had died and the other recovery witness, namely, Naja, was given up by the prosecution as unnecessary. In the circumstances, we are of the view that it would be unsafe to maintain the conviction of the appellant on the solitary statement of Pehlwan.
4. For the foregoing reasons, we accept this appeal, set aside the conviction and sentence of the appellant and acquit him of the charge under section 13 of the West Pakistan Arms Ordinance.