Joymalya Bagchi, J.

The appeal is directed against the judgment and order dated 30th September, 1988 passed by the learned Additional Session Judge, Asansol in Session Trial No. 7 of 1988 convicting the appellant for commission of offence punishable under Section 25(1)(a) of the Arms Act and sentencing him to suffer rigorous imprisonment for two years and to pay fine of Rs. 200/- only in default further rigorous imprisonment for one month more.

2. Prosecution case, as alleged, against the appellant is that on 05.04.1981 in the evening officer-in-charge of Kulti Police Station received intelligence about assembly of five or more persons in a dilapidated and abandoned hotel situated by the side of G.T. Road at Kultora with arms for committing dacoity and other heinous offences. On the basis of such information, officer-in-charge, Subhas Ganguly of Kulti Police Station along with force went to that place and surrounded the abandoned and dilapidated hotel. They found seven to eight persons assembled in a room in the said hotel. On being challenged those persons tried to escape but the raiding police party managed to catch hold of three of them. Upon search a five chambered coun