Judgment

GROVER, J.:- This is an appeal by special leave from a judgment of the Patna High Court, Originally two persons Pabitar Singh (the present appellant) and Ram Ashray Sharma who were both Loco employees of the Railway were tried under Ss. 25 and 26 of the Indian Arms Act1959, hereinafter called the "Act . The learned assistant Sessions Judge found each one of them guilty under both the sections . the sentence imposed was 3 years rigorous imprisonment under S. 26 and one year s rigorous imprisonment under S. 25 of the Act. The sentences were to run concurrently. The convicted person filed an appeal to the Court of Sessions. The Additional Sessions Judge, Gaya, who heard the appeal found the appellant guilty under both the sections of the Act. He maintained the sentence imposed on him. Ram Ashray Sharma was given the benefit of doubt and acquitted. Pabitar Singh moved the High Court in revision. His conviction under S. 26 of the Act was set aside by the High Court but his conviction and sentence under S. 25 of the Act were upheld.

2. It is necessary to state a few facts. The appellant and Ram Ashray Sharma were in joint occupation of quarter No. 490-A of the Loco Colony at Gaya