A.M. Badar, J.

This is an appeal by accused no.4 before the learned Additional Sessions Judge, Greater Bombay, Mumbai, challenging his conviction for offences punishable under Sections 399 and 402 of the IPC, for which offences he is sentenced to suffer rigorous imprisonment for 3 years and 2 years respectively apart from payment of fine of Rs.1,000/- on both counts.

2. Briefly stated, the case of the prosecution is as follows :

(a) That accused persons along with their associates assembled at Chamarbaug Lane near Mahalaxmi Temple, Parel, Mumbai, for the purpose of committing dacoity while armed with weapons like choppers revolvers etc. and they were making preparations to commit dacoity at Nakoda Jewellers, Parel. Some of them were apprehended on the spot itself and were found in possession of fire arms and arms in contravention of the provisions of Indian Arms Act.

(b) It is the case of prosecution that PW4 Narayan Ingale, Senior Police Inspector of Bhoiwada Police Station received the telephonic message from his Informer to the effect that some persons would be assembling at Chamarbaug Lane, Parel, for the purpose of committing dacoity at the jewellery shop. PW4 Narayan In