(PW2) has stated that Mangal Pandey had a revolver in his hand but, he did not say that it was fired. Shri Ram Avtar Sharma (PW19) has deposed that the appellant fired the pistol after two minutes of infliction of injury by Rambabu. He, however, in his cross-examination, admits that this allegation is absent from his police statement (Ex.D5). Another witness namely Shri Shrawan (PW20) has alleged that Mangal Pandey opened fire from the pistol but, he admits during his cross-examination that the deceased was not hit from it. The remaining eye witness Shri Narayan Lal (PW21) has deposed that Mangal had a gun with which he fired upon the deceased. In his cross-examination, he claims to know the difference in between the pistol and the gun by stating that the gun is bigger while, the pistol is smaller. Thus, while, the PW2, though, alleged that the appellant had a revolver in his hand but, did not allege that he fired it, the PW19 has alleged that it was fired but, without any allegation that it was aimed at the deceased and he was hit. The PW20, though alleged that Mangal Pandey fired pistol but, did not allege that either the deceased was aimed or he was hit and the PW21 has alleged that the appellant was carrying a gun. Indisputably, no gun has been recovered from the appellant’s possession. However, except PW21, none of the remaining eye-witnesses has alleged that Mangal fired the pistol at the deceased or that he was hit rather, PW20 admits, during his cross-examination, that the bullet did not hit the deceased. Further, Dr. Omprakash Dhania (PW17)-a member of the Medical Board which conducted the autopsy of the deceased, has stated that in the postmortem report, none of the members of
