Hon’ble Dharam Veer, J.

This appeal, preferred by the appellant u/s 374(2) of Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 26.09.1988 passed by IIIrd Additional Sessions judge, Dehradun in S.T. No. 73 of 1985 & S.T. No. 74/1985, whereby the learned Additional Sessions Judge has convicted the appellant-Faruque under Sections 393 of Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) and also u/s 25 of The Arms Act, 1959 (hereinafter to be referred as the Act) and sentenced him for four years’ R.I. u/s 393 IPC and two years’ R.I. u/s 25 of the Act. Both the sentences were directed to run concurrently. The appellant was acquitted of the charge punishable u/s 307 of IPC. Co-accused Hemraj was also acquitted for the offences punishable u/Ss 307, 393 r/w Section 34 IPC.

2. In brief, the prosecution case is that on 1.4.1985 in the office of DTD&P (Air), Ministry of Defence, Dehradun, at about 2:30 P.M., in the office room of Administrative Officer, the cash, after counting, was being put inside the envelopes. Meanwhile, two persons entered into the office room of administrative officer and ou