Abhay M. Thipsay, J.(Oral) –

The appellants were the accused Nos.1 and 3 respectively in Sessions Case No.423/09 tried by the Addl. Sessions Judge for Greater Mumbai. They were prosecuted on the allegation of having committed offences punishable under section 399 of the IPC and 402 of the IPC r/w section 34 of the IPC, as also the offences punishable under the Arms Act and the Bombay Police Act (now, Maharashtra Police Act). The learned Addl. Sessions Judge found them not guilty of the offences punishable under Section 399 of the IPC and 402 of the IPC, and acquitted them of the said offences. He also found them not guilty of an offence punishable under Section 135 of the Bombay Police Act r/w Section 37(1)(a) thereof. He, however, held them guilty of offences punishable under the Arms Act. He convicted the appellant no.1 of an offence punishable under Section 25 of the Arms Act r/w section 3 thereof and sentenced him to suffer Rigorous Imprisonment for 2(two) years and to pay a fine of Rs. 10,000/-. He convicted the appellant No. 2 of an offence punishable under Section 25 of the Arms Act r/w section 4 thereof, and sentenced him to suffer Rigorous Imprisonment for 1(one)