Amitava Roy, J.

1. This appeal witnesses a challenge to the judgment and order dated 30.5.91 and 5.6.91 passed by the learned Sessions Judge, Kamrup, Guwahati in Sessions Case No. 71(K)(G)/84 convicting the Appellant under Section 307, IPC and Section 25(1-B)(a) of the Indian Arms (Amendment) Act, 1983 and sentencing him to undergo imprisonment for five years and to pay a fine of Rs. 500.00 in default to undergo further imprisonment for a period of 10 days for his conviction under Section 307, IPC, and also to undergo imprisonment for 2 years and pay a fine of Rs. 500.00 in default imprisonment for 10 days under Section 25(1-B)(a) of the Indian Arms (Amendment) Act, 1983. By the judgment and order dated 30.5.91 the conviction of the Appellant under the aforementioned provisions of law was recorded and the sentences as above were awarded by the order dated 5.6.91. Both the sentences have been ordered to run concurrently with a direction that the period undergone by the Appellant in jail custody as an under trial prisoner would be set off under Section 428, Code of Criminal Procedure.

2. Mr A.K. Bhattacharjee, learned Senior Advocate assisted by Mr A.K. Das and Mr A.K. Agarwal, Advocate advanced arguments on behalf of the Appellant. The learned Public Prosecutors, Mr D. Goswami and Mr F.A. Laskar, represented the State Respondents.

3. The case of the prosecution as unfolded by the GD Entry No. 1190 dated 19.11.83 of the Panbazar Police Station, Guwahati, is that on the date of occurrence, i.e., 19.11.83 at about 5.35 PM the Appellant made an attempt on the life of Mr Hiteswar Saikia, the then Chief Minister of Assam by attempting to shoot him with a revolver but was over powered by the security personnel at the site and was thereafter produced at the said police station with the loaded revolver. On his production, the Appellant was arrested under Section 41, Code of Criminal Procedure, and after conducting a search on him, a 22 bore revolver loaded with six rounds of .22 bore live ammunition and one chocolate colour woollen hand glove were seized.

4. This was followed by an FIR lodged by Promod Chandra Das, the Additional Superintendent of Police, Kamrup, Guwahati, on the same date disclosing that at about 5.15 PM on that day when Mr Hiteswar Saikia with his wife, after attending the function at the Rabindra Bhawan, Guwahati, was boarding the car in front of the main entrance gate of the Bhawan, one Tridib Sarma, son of Shri Promode Sarma of Kahilipara, made an attempt on his life with a loaded revolver which he was possessing without any valid document by aiming the same on the fore head of Mr Saikia. It was further stated that Shri Sarma was immediately over powered and help of other police officers on duty in the process of which the informant sustained injuries on the finger of his left hand. Shri Gopal Goswami, District Magistrate, Kamrup and other police officers were stated to have witnessed the occurrence. A request was made to register a case under Section 307, IPC read with Section 25 of the Indian Arms Act for investigation.

5. After receiving the FIR, the Panbazar Police Station registered a Case being Panbazar Police Station Case No 477/83 under Section 307, IPC, read with Section 25(1-B)(a) of the Indian Arms (Amendment) Act, 1983.

6. Investigation followed in course of which several witnesses were interrogated and a number of articles were seized. The revolver and the bullets were also sent for examination by the ballistic expert and eventually a charge sheet was submitted against the Appellant and four others, namely Romen Das, Mukul Bora, Biswajit Baruah @ Bijit and Brojen Saikia.

7. The case being one triable by the Court of Sessions, the same was committed to the Court of the learned Sessions Judge, Kamrup, Guwahati. Thereafter charge was framed against the Appellant under Section 307, IPC, Section 25(1B)(a) and Section 26(1) of the Indian Arms (Amendment) Act, 1983. Charge under Section 115 read with 302, IP