( 1 ) THIS appeal is under Clause (a) of Sub-section (1) of Section 411-A of the Code of Criminal Procedure. The appellant was tried along with three persons, Sudhir Roy alias Sudhin, Chittaranjan Das alias Chitta and Kartick Chandra Das, on a charge under Section 399 of the Indian Penal Code and on two other charges, both under Section 19 (f) of the Indian Arms Act -- one of these being in respect of possession without licence of one sten gun and the other in respect of possession without licence of twenty-two cartridges. The jury returned a unanimous verdict of guilty against all the four persons on both the charges under Section 19 (f) of the Indian Arms Act. In respect of the charge under Section 399 of the Indian Penal Code, the jury were divided in the proportion of seven to two and the majority verdict was that all the accused persons were guilty of that offence. The learned Judge agreed with the majority verdict in respect of the offence under Section 399 of the Indian Penal Code and convicted the appellant and the other accused persons under Section 399 of the Indian Penal Code and sentenced each of them to suffer rigorous imprisonment for three years. The l