1. This appeal under section 374 of CrPC has been preferred by the appellant assailing the judgment of conviction and order of sentence dated 20.7.2004 passed by the learned Special Judge, Shivpuri, in Special Sessions Trial No. 107/03 convicting him under section 25 (1-B) (a) of the Arms Act, 1959 (in short the Act) read with section 11 and 13 of the Madhya Pradesh Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam (hereinafter referred to as the Adhiniyam) and thereby sentencing him to suffer three years RI with a fine of Rs. 1,000/- and in default, one month R.I.

2. In brief the case of the prosecution is that ASI, P.N. Pal, was posted on 1.7.2003 in Police Chauki, Sunari (Police Station Karera) as Chauki in-charge. On this date, the informant informed him that the appellant who is a member of the gang of dacoit Kamalsingh has been seen in village Andora. On the basis of the said information, necessary endorsement was made in the Roznamcha by the ASI and thereafter ASI alongwith the police force and the witnesses went to the place described by the informant. According to the prosecution, one person on seeing the police force ran away towards the hill. However, the police