This appeal under Section 378 (1) and (3) of Cr.P.C.

is filed challenging the judgment dated 02.07.2019 passed

by

the

Prl.

Sessions

Judge,

at

Kalaburagi

in

S.C.No.284/2016, by which, the accused herein were

acquitted for the offences punishable under Sections 25

(1) (1A), 26 (2) and 27 (1) of the Arms Act, 1959.

02. The case of the prosecution in brief as follows:-

On 13.02.2015 at about 07.50 a.m. on receiving

credible information that, two persons were trying to sell

the pistol illegally, the Police Sub-Inspector of Afzalpur

Police Station along with his staff members and panchas

left the police station and when they reached the spot,

they found that two persons were standing near irrigation

office which is situated in between the Afzalpur –

Kalaburagi road. On apprehending them, and on enquiry,

they disclosed their names and one country made pistol

and live bullets were recovered in presence of panch

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witnesses namely CWs.2 and 3 i.e., PWs.1 and 2 and

drawn the mahazar. The police after the investigation

submitted the charge-sheet for the aforesaid offences.

03. The learned Sessions Judge, after examining

the evidence on record held that, the prosecution has

failed to