JUDGMENT :

Jaswant Singh, J.

The above noted three appeals, the first two out of which viz. Criminal Appeal No. 213 of 1977 under Section 2 (a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 and Criminal Appeal No. 237 of 1977 by special leave challenge the reversal of acquittal and conviction of Salim Zia alias Fodi, appellant under Section 302 of the Indian Penal Code and Section 27 of the Arms Act and the last one whereof viz. Criminal Appeal No. 238 of 1977 by special leave which challenges the affirmance of conviction of the appellant under Section 25 of the Arms Act will be disposed of by this judgment as they are all directed against the judgment and order dated April 13, 1977 of the Allahabad High Court.

2. Briefly stated, the case as put forth by the prosecution was that Jaffar Ali, the father of the appellant who migrated to Pakistan and is now a Pakistani national owned a big farm measuring approximately 250 acres in villages Hamid Nagar and Parbatbans within the jurisdiction of Police Station, Bilaspur, District Rampur. Out of the said area of the farm Jaffar Ali had leased out one acre of paddy growing land to Habib, deceased the son of Ba