N.C. Mukherji, J.

Criminal Reference 5 of 1982 arises on a reference made by the Assistant Session Judge, 3rd Court, Howrah under S.395(2) of the Code in connection with Sessions Trial No.2 of January, 1982 (State v. Shyamal Kr. Dey & Ors.) under S.399/402 I.P.C and 27 of the Airms Act. While we were disposing of Criminal Reference No.5 of 1982 on March 15, 1982 and I put my signature and my learned brother was about to put his signature, Mr. Dilip Kumar Dutta, learned Advocate appearing on behalf of the petitioner in Criminal Revision Case No.257 of 1982 submitted that the same point of law is involved in Criminal Revision Case No.257 of 1982 and asked us to hear him on the points of law. Thereafter, we beard both Criminal Reference No.5 of 1982 along with Criminal Revision Case No. 257 of 1982 together and requested Mr. Balai Ch. Roy to assist the Court. Mr. Roy readily complied with our request and lent his able assistance Criminal Reference No.5 of 1982.

2. G R. Case No. 1535 of 1978 was registered in the Court of the Sub-divisional Judicial Magistrate, Howrah, under S.399/402 I.P.C. and 25/27 of the Arms Act and under S.6(3) of the Indian Explosives Act. The learned Su