JUDGMENT :

SUBHASH CHAND, J.

1. Heard learned Amicus Curiae for the appellant and learned A.P.P. for the State.

2. The instant criminal appeal is preferred on behalf of the appellant against impugned Judgment of Conviction dated 3rd September, 2010 and Order of Sentence dated 4th September, 2010 passed by the learned Additional Sessions Judge F.T.C. I, Bermo at Tenughat in Sessions Trial No. 345 of 2007, whereby the appellant has been convicted for the offences under Sections 399, 402 of the Indian Penal Code and Section 25 of the Arms Act. The appellant has been sentenced to undergo rigorous imprisonment for 6 years along with fine of Rs. 5,000/- each for the offence punishable under Sections 399 and 402 of the I.P.C. and in default of payment of fine he was further directed to undergo simple imprisonment for one year. Further the appellant was directed to undergo rigorous imprisonment for 5 years for the offence under Section 25 of the Arms Act. Both the sentences were directed to run concurrently.

3. The brief facts of the prosecution case leading to this criminal appeal are that the informant-S.I. Sunil Kumar Tiwari, the then Officer-in-Charge of Petarbar police station had receive