Judgment

BEG, J.:- The appellant has been convicted under Section 25 (1) (a) of the Arms Act, 1959, and sentenced to two years rigorous imprisonment by a Magistrate 1st Class, Bhind, in Madhya Pradesh. He was found in unlicensed possession of 20 live cartridges of mark three and 39 live cartridges of "mouzer" type during the night between 12th and 13th October 1968 at Village Kishorsingh-Ka-Pura in Behad. Learned Sessions Judge of Bhind dismissed his appeal with the observation. Such crimes connected with dacoity deserve a severe punishment , The High Court had also rejected the revision application of the petitioner.

2. Concurrent findings of fact conclude the case against the petitioner so far as his possession of unlicensed cartridges on the date and the time and place given in the charge are concerned. The fact that the two witnesses called from amongst the members of the public, namely, Raghunathsingh (P.W. 1) and Gambbirsingh Tomar (P.W. 2), had turned hostile was considered by the High Court and the Courts below. They had held that the two prosecution witnesses who had turned hostile could not be relied upon. Their evidence could not destroy the prosecution case or make it