R.K. GAUBA, J

1. This appeal by the State (Govt. of NCT of Delhi), presented with leave of this court granted by order dated 15.10.2015, assails the judgment of the court of sessions passed on 01.12.2009 in sessions case no.79/2008 acquitting the three respondents.

2. The respondents were sent up for trial on the basis of report under Section 173 of the Code of Criminal Procedure, 1973 (Cr.PC) submitted on 07.03.2008, upon conclusion of investigation into first information report (FIR) no.982/2007 of PS Dabri (police station), for offences punishable under Sections 394 and 397 read with Section 34 of the Indian Penal Code, 1860 (IPC) and Section 25 of the Arms Act, 1959 (Arms Act). The concerned Metropolitan Magistrate took cognizance on the said report on 10.03.2008 and, after compliance with the provisions contained in Section 207 Cr. PC, committed the case to the court of sessions through proceedings recorded on 02.05.2008.

3. Upon consideration of the evidence, oral and documentary, submitted with the said police report, the Additional Sessions Judge to whom the case was allocated, put the three respondents to trial on the charge for offences under Sections 392 read with