SMT. NISHITA MHATRE, J.:- The accused who have been convicted under section 122 of the Indian Penal Code and sentenced to undergo life imprisonment have challenged their conviction and sentence by preferring the present appeal. They have also been convicted for the offence punishable under sections 3 and 25(1B)(a) of the Arms Act and sentenced to undergo imprisonment for three years. The accused have been acquitted in respect of the other offences for which they were charged namely sections 120B, 121A read with 34 of the Indian Penal Code.

2. The charge against the accused is that they were members of a terrorist organisation Hijbul Mujahid and that on 23-10-2001 they had indulged in a conspiracy to wage war against the Government of India and had collected men, arms and ammunition without licence, in breach of the Arms Act with the intention of indulging in or being prepared to wage war against the Government of India. The prosecution alleges that on 24-10-2001, the police on information received, conducted a raid at about 3.15am in room No. 19, Billak Chawl at Mumbra. They entered the room and found four persons there. On searching them, two of them were found to be carrying Rs. 300/- in cash between them. The police then searched the room and found copies of 'Meantime' magazine and some urdu periodicals and literature. A foreign pistol was placed under these periodicals. Besides this pistol other firearms and ammunition were recovered from a bag kept in the room. Another plastic bag containing binoculars and a mobile phone was also found. On enquiry with the four persons present in the room i.e., the accused herein, the police were informed that they did not have any licence for the arms. The police, therefore, seized the aforesaid arms, ammunition and the publications found in the room. A panchanama was drawn up and the First Information Report was lodged at the Mumbra police station. The accused were charged for having committed the offences punishable under sections 120B, 121, 121A and 122 of the Indian Penal Code and under sections 3 and 25(1B)(a) of the Arms Act. The accused were tried by the Ad hoc Additional District and Sessions Judge, Thane, who has convicted them for the offences punishable under sections 122, Indian Penal Code and sections 3(1) and 25(1B)(a) of the Arms Act. The police have relied on five witnesses to prove the charges against the accused.

3. PW 1 is the police officer attached to Thane Crime Branch who was one of the persons involved in the raid at the premises in Billak chawl. He has deposed about all the accused being present in Room No. 19 in Billak chawl when they entered the room. He has also described the articles which were seized from the room. This witness has stated that the accused were unable to produce licences for the arms discovered in the room. The cross-examination reveals that the panchanama which was drawn up by 6 am, after which the police returned to the crime branch office, Thane with the accused. This witness in his cross-examination has spoken about the sealing and labelling of the articles seized from the room. The First Information Report which is at Exhibit 21 of the proceedings was lodged.

4. The next witness examined by the prosecution is a rickshaw driver who has acted as a panch and has proved the seizure panchanama at Exhibit 24. The panchanama describes all the articles which were seized from Room No. 19, Billak Chawl, including the arms, ammunition and the print publications.

5. The prosecution has then examined PW3. This witness was the Inspector leading the raiding party. He has revealed that the Commissioner of Police, Thane, apprised him and the other five officers who were involved in the raid about the fact that terrorists were living in room No. 19, Billak chawl and that they belonged to the Hizbul Mujahid terrorist gang. According to this witness, he and the other police officers were informed by the Commissioner that the accused were likely to c