JUDGMENT

G.D. Saxena, J.

1. This appeal under Section 374(2) of the Code of Criminal Procedure, 1973 has been preferred by the accused against his conviction and sentence recorded vide judgment dated 16th August, 2004 in Sessions Case No. 78/2003 by the Special Judge (under M.P. Dakaiti Avam Vyapharan Prabhavit Kshetra Adhiniyam, 1981, hereafter referred as "the Adhiniyam"), Shivpuri, holding thereby him a guilty for commission of offence under Section 25(1-B)(a) of the Arms Act, read with Section11/13 of the said Adhiniyam and sentencing to suffer three years' rigorous imprisonment with a fine of Rs. 200/- with further default punishment of one month's R.I. In brief, the prosecution version is that on 27th March, 2003, P.N. Pal, Assistant Sub-Inspector Police, Outpost Sunari, got a secret information from informer that absconded dacoit Nanhe Singh, Makhan Singh and Balli @ Daulat Singh (present appellant) by hiding themselves near Papredu Math were making preparations to commit dacoity. He lodged the secret information in Entry No. 440 of Daily Diary Register (Rojnamcha) of outpost and then informed through wireless message to his Superior Officer K.K. Dixit the then In-charge of Po