( 1 ) THE appellants in both the above mentioned appeals have been convicted of offences under section 307/34, Indian Penal Code as also under section 27 of the Arms Act by an Additional Sessions Judge, Delhi vide judgment dated 12th February, 1981. They have been sentenced to rigorous imprisonment for four years each on the first count and rigorous imprisonment for three years on the second count. Feeling aggrieved they have prefarred separate appeals against their conviction and sentence. Since common questions of law and fact are involved, this judgment will dispose of both the connected appeals.

( 2 ). The prosecution case succinctly is that on 21st March, 1980, S. I. Mehar Singh, Po ice Post (Railway), Shahdara, was on patrol alongwith Head Constable Rajpal Singh and Constable Baru Singh. At about 8. 10 A. M. they happened to be at platform No. 2, Railway Station. Shahdara when Janta Expresss came from Howrah side and halted at that platform. A person alighted form the train and imparted secret information to S. I. Mehar Singh that there were four persons in compartment No. 5683 who were having arms and ammunition for which they had no licence. That person pointed