Hon’ble Shailendra Kumar Agrawal, J.—Heard learned counsel for the appellant Shri R.K. Mathur as Amicus Curie as well as learned A.G.A. for the State and perused the record.

2. This appeal has been filed against the judgment and order dated 13.9.1982 passed by Shri M.H. Khan, III, Additional Sessions Judge, Mujaffarnagar in sessions trial No. 58/1981 convicting the appellant under Section 25 (I) (a) Arms Act and sentencing him for a period of one year rigorous imprisonment.

3. The two accused Malu and Iqbal @ Rampal were charged for the offence punishable under Sections 148 and 307 read with Section 149 IPC. They were further charged under Section 25 (I) (a) Arms Act. Their case was committed to the Sessions Court on 27.1.1981.

4. In brief, the prosecution case is that on 29.2.1980, PW1 alongwith SI Pitam Singh (PW1), HC Daulat Ram, HC Dharamvir and six constables were returning to Kandhala from the railway station on foot after checking the train and at about 10.15 pm, on Budhana-Kandhala road, near the grove of Faizi Miya which is towards the South of Budhana-Kandhala Road, they heard some murmuring sound from inside the groves. The SO then flashed his torch inside the gr