Judgment

BAHARUL ISLAM, J.:- These two appeals arise out of a common judgment and order passed by the High Court of Bombay. Criminal Appeal No. 150 of 1976 has been preferred by two appellants, Mohammad Usman Mohammad Hussain Maniyar (hereinafter "Usman") and Mohammad Taufik Mohammad Hussain Maniyar (hereinafter Taufik) and Criminal Appeal No. 285 of 1976 has been preferred by Mohammad Hussain Fakhruddin Maniyar (hereinafter Fakhruddin) and Mohammad Rizwan Mohammad Hussain Maniyar (hereinafter Rizwan). All of, them were convicted and sentenced by the Sessions Judge as follows :

(i) Under Section 120-B of the Penal Code and sentenced to suffer rigorous imprisonment for three years each;

(ii) Under Section 5 of the Explosive Substances Act and sentenced to rigorous imprisonment for three years, each, and to pay a fine of Rs. 1000/-, each, in default, to suffer rigorous imprisonment for two months each;

(iii) Under Section 5 (3) (b) of the Explosives Act and sentenced to suffer rigorous imprisonment for six months, each, and to pay a fine, of Rs. 500/- in default, to suffer rigorous imprisonment for one month each;

(iv) Under Section 3 read with Section 25 (1) (a) of the Arms Act and sentenced to suffer rigorous imprisonment for two months each;

(v) Under Section 30 of the Arms Act and sentenced to pay a fine of Rs. 100/- each, in default, to suffer rigorous imprisonment for two weeks each;

(vi) Under Section 6 (1) (a) of the Poisons Act read with Rule 2 of the Rules framed under the said Act and sentenced to suffer rigorous imprisonment for one month each, and to pay a fine of Rs 50/- each, in default, to suffer rigorous imprisonment for 15 days each.

The substantive sentences were directed to run concurrently. The first two preferred one appeal and the second two a separate appeal before the High Court. The High Court by a common judgment dismissed both the appeals. Hence this appeal before us by special leave. This common judgment of ours will dispose of both the appeals.

2. During the pendency of the appeal before this Court, appellant, Fakhruddin, died on 10-10-1978. His legal representatives have been brought on record as there are sentences of fine against the deceased appellant.

3. The facts necessary for the purpose of disposal of these appeals may be stated thus : In the year 1967 a number of murders were perpetrated by a gang of murderers. During the course investigation into these offences, potassium cyanide was found to have been used for poisoning the victims. On 11-9-1964, P. W. 17, Bendre, P. S. I., who was attached to the local crime branch at Solapur received an information that ,the firm known as M. F. Maniyar and Sons was selling potassium chlorate which is a highly explosive substance. He then initiated the work of finding out the persons responsible for the supply of the explosive to the miscreants. He received information that appellant, Fakhruddin, was the owner of the shop known as M. F. Maniyar & Sons, situated at house. No. 383, East Mangalwar Peth, Sholapur, and possessed licence for sale and storage for sale of potassium chlorate in House No. 615 in East Mangalwar Peth Fakhruddin with the assistance of his three sons (appellants 2 to 4) and his servants stored at the place mentioned in the licence but he sold them in their shop situated at house No. 383, East Mangalwar Peth, to persons who did not possess licence to purchase potassium chlorate. P. W. 17 and Sub-Inspector Tasgaokar of the local Intelligence Branch proceeded to Mangalwar Peth Police Chowky and called a bogus customer Basanna Pujari by name. He also called the local panchas. He, then, gave a ten rupee currency note to P. W. 4. He initialled the currency note. He also gave a bag to P. W. 4. and told him to buy half k. g. of potassium chlorate from M/s. M. F. Maniyar & Sons. P. W. 4 went to the shop. He found in the shop accused Chandra Kant (since acquitted), who was a servant of Fakhruddin. P. W. 5 gave him the ten rupee currency note and asked fo