JUDGMENT

Ravindra Maithani, J.—Instant appeal is preferred by the appellants Pooran Singh Latwal and Ramesh Kharwal against the judgment and order dated 09.01.2004, passed in Sessions Trial No. 1 of 2002, State Vs. Pooran Singh Latwal and another under Sections 147, 148, 307, 149 IPC (based on Case Crime No. 1873 of 2001, Police Station Haldwani, District Nainital), Sessions Trial Nos. 2 of 2002, State Vs. Pooran Singh Latwal and another, under Sections 395, 397, 412 IPC, (based on Case Crime No. 1872 of 2001, Police Station Haldwani, District Nainital), Sessions Trial No. 3 of 2002 State Vs. Ramesh Kharwal, under Section 25 Arms Act, 1959 (“the Act”) (based on Case Crime No. 1877 of 2001, Police Station Haldwani, District Naintial) and Sessions Trial No. 4 of 2002, State Vs. Pooran Singh Latwal, under Section 25 of the Act (based on Case Crime No. 1875 of 2001, Police Station Haldwani, District Nainital), by the court of Additional Sessions and District Judge/1st Fast Track Court, Haldwani, District Nainital. By the impugned judgment and order, the appellants have been convicted under Sections 395 IPC and Section 25 of the Act and sentenced as hereunder:-

(i) Section 395 IPC –