Chandra Shekhar Jha, J.—Heard Mr. P.N. Shahi, learned senior counsel for the appellants in both these appeals and Mr. Ajay Mishra, learned Additional Public Prosecutor for the State.

2. Both these appeals have been heard together and are being disposed of by this common judgment.

3. Both above-mentioned appeals have been filed under Section 374(2) of the Code of Criminal Procedure (in short the “Cr.P.C.”) for setting aside the judgment of conviction dated 14th June, 2022 and order of sentence dated 21st June, 2022 passed by learned Special Judge, M.P./M.L.A., Patna in connection with Special Case No. 01 of 2020 arising out of Barh P.S. Case No. 389 of 2019, whereby and whereunder the appellants have been convicted for the offences under Sections 414, 120(B) of the Indian Penal Code and Sections 25(1-A)/35, 25(1-AA)/35, 26/35 of the Arms Act and Section 4 of the Explosive Substances Act, 1908 and sentenced to undergo imprisonment for a term of 10 years under Section 25(1-A)/35 of the Arms Act with fine of Rs. 20,000/-, in case of default of payment of fine, they shall undergo further sentence for six months. The learned trial court awarded same punishment i.e. imprisonment for a term of 10 years and fine of Rs. 20,000/- for the offence under section 25(1-AA)/35 of the Arms Act. Further, learned trial court awarded R.I. for a term of 10 years with fine of Rs. 50,000/- to the appellants/convicts for the offence under Section 4 of the Explosive Substances Act, in case of default in payment of fine, they shall further undergo imprisonment of one year. A sentence of imprisonment for a term of three years was awarded to the appellants/convicts by the learned trial court under Section 414 of the I.P.C. with further observation that the same punishment is being awarded for the offence under Section 120B of the I.P.C. All the sentences was ordered to run concurrently by learned trial court and period of custody undergone by the appellants/convicts in judicial custody ordered to be set-off from the punishment provided to them.

Brief facts of the case

4. The case of the prosecution as it appears available from self-statement of the informant, who is Sanjeet Kumar (PW-1), Police Inspector-cum-S.H.O. of Barh Police Station, recorded on 16.08.2019 at 8:00 P.M. at village – Nadawan (place of raid) that a confidential information was received by him that the appellant namely, Anant Kumar Singh, M.L.A. from Mokama Constituency, had kept hidden illegal prohibited arms and explosive substance in his house at village-Nadawan, P.S.-Barh, District – Patna and he is planning to take it away elsewhere. Having such information, the informant, recorded a Sanha (station diary entry) and informed about the same to his senior police officials. Thereafter, a team was constituted comprising of S.H.O. of Mokama Police Station Sri Rajnandan; S.H.O. of N.T.P.C. Police Station Sri Amardeep Kumar; S.H.O. of Pandarak Police Station Sri Raman Prakash Basisth; S.H.O. of Hathidah Police Station Sri Ravi Ranjan Singh and S.H.O. of Belchhi Police Station Sri Akhilesh Singh. The informant alongwith members of the raiding team proceeded to village Nadawan. When they reached at the house of appellant Anant Kumar Singh, by that time other police officials and armed forces were already present over there. The informant further stated that main door of the house of the appellant was found locked, whereafter, the informant requested the Sub-Divisional Officer, Barh, for deputing an Executive Magistrate for lawful search. On such request, Sri Amrendra Kumar Singh, Executive Magistrate/PW-13 reached there at 10:45 A.M. On inquiry, the villagers informed that one Sunil Ram, co-accused/convict, looks after the house of the concerned M.L.A. and he has a key for the said lock. The informant further stated that the villagers informed that Sunil Ram look-after the house, cattle and farming of the appellant Anant Kumar Singh. Thereafter, Sunil Ram, co-accused/ appellant was apprehended an