JUDGMENT (ORAL)

Aditya Kumar Trivedi, J.—Because of the fact learned counsel for the appellants failed to turn up on call, on account thereof, Sri Ranbir Singh, has been requested to assist the Court as an Amicus Curiae.

2. Heard learned Amicus Curiae as well as learned APP.

3. Appellants, Md. Azib Alam and Pramod Chhatri have been found guilty for an offence punishable under Sections 353, 307, 414 IPC, 25(1-b) 26(i)/35 and 27 of the Arms Act and each one has been directed to undergo RI for 2 years as well as to pay fine of Rs.2000/- in default thereof, to undergo imprisonment of 2 months for an offence punishable under Sections 353 IPC and 414 IPC, RI for 7 years as well as fine of Rs. 5,000/- and in default thereof, to undergo imprisonment of 1 year under Section 307 IPC, RI for 3 years as well as to pay fine of Rs. 2,000/- and in default thereof, to undergo imprisonment of 6 months under Section 25(1-b), 26(i)/35 and 27 of the Arms Act, respectively vide judgment of conviction dated 15.05.2016 and order of sentence dated 16.05.2016 passed by Adhoc Additional Sessions Judge-IVth, Araria in Sessions Trial No. 271/2012, /Tr. No. 36/2012(CIS No. 2106/2013.

4. The prosecution case as