A.M. Thipsay, J.

1. The appellant and the two others were prosecuted on the allegation that they had committed offences punishable under section 302 IPC r/w section 34 of the IPC, section 27of the Arms Act, section 25(1)(b) r/w section 3 of the Arms Act, and section 135 of the Bombay Police Act. One of the accused - accused No. 3 Subramani Konar - died during the trial, and as such, case against him stood abated. After holding a trial, the learned Addl. Sessions Judge found the accused No. 2 Abdul Mobin not guilty and acquitted him. The learned Addl. Sessions Judge found even the appellant - the accused No. 1 in the said case, not guilty of the offence punishable under section 302 of the IPC r/w section 34 of the IPC, and passed an order of acquittal, so far as that offence was concerned. He, however, held the appellant guilty of an offence punishable under section 27 of the Arms Act, and sentenced him to suffer RI for a period of 5(five) years and pay a fine of Rs. 1500/- in default to suffer RI for 1 (one) year. Being aggrieved by his conviction and the sentence imposed upon him, the appellant has approached this Court by filing the present Appeal.

2. I have heard Mr. Bha