DEEPAK GUPTA, J.

1. By means of this judgment, the following three appeals (Criminal Appeal No. 23 of 2013, Criminal Appeal No. 25 of 2013 and Criminal Appeal No. 5 of 2014) are being disposed of since they arise out of one incident and one judgment.

2. The prosecution story briefly stated is that on 20th July, 2004 at about 11.35 a.m. accused Birajit Sinha, who is a member of the Tripura Legislative Assembly along with the other co-accused including his security guards provided to Birajit Sinha by the police, reached Babur Bazar tri-junction in Kailashahar town. The accused party was travelling in two vehicles. It is alleged that there was some bye-election to a ward of North Tripura Zilla Parishad being conducted on that day and Birajit Sinha was annoyed that the supporters of his party had been restrained from casting their votes by the complainant Abdul Rahaman. At Babur Bazar tri-junction Birajit Sinha along with the other accused got down from his vehicle and then went to the complainant and accused the complainant of restraining the supporters from casting their votes. An altercation took place between Birajit Sinha and the informant Abdul Rahaman.

3. The story of the prosecution is that thereafter the accused persons including Birajit Sinha, Chandra Sekhar Sinha and Badrujamman started indiscriminate firing. The police guards also started firing. As a result of which two persons suffered serious injuries and Abdul Hannan son of the informant was shot. Abdul Hannan later died. It has also come in evidence that one police guard namely, Nikhil Chandra Deb, also died later in the occurrence. After recording of the FIR, investigation was conducted. After investigation the accused persons were charged with having formed unlawful assembly at Babur Bazar tri-junction along with the deceased Nikhil Chandra Deb with the common object of causing murder of Abdul Hannan and also causing grievous injuries to Md. Abdul Wahid and Md. Afruj Ali. Therefore, they were charged with having committed offences punishable under Section 148, Section 302 r/w Section 149 and Section 326 r/w Section 149 of I.P.C. As far as Birajit Sinha is concerned, he was also charged with carrying 17 numbers of bullet as against the maximum 12 numbers of bullets permissible under licence No. 602/KAL/92 issued in respect of .38 Revolver body No. 852814. Therefore, he was charged with having committed an offence punishable under Section 30 of the Arms Act, 1959. After trial the learned Sessions Judge, North Tripura District, Kailashahar acquitted all the accused persons of the charges leveled against them under Section 148, Section 302 r/w Section 149 and Section 326 r/w Section 149 of I.P.C. Accused Birajit Sinha was convicted for having committed an offence punishable under Section 30 of the Arms Act, 1959 and has been sentenced to undergo simple imprisonment for 3(three) months and to pay fine Rs. 1,000/- and in default of payment of fine to suffer simple imprisonment for 15(fifteen) days.

4. Criminal Appeal No. 23 of 2013 has been filed by Sri Birajit Sinha challenging his conviction under Section 30 of the Arms Act, 1959. Criminal Appeal No. 25 of 2013 has been filed by the State seeking enhancement of sentence imposed upon the accused Birajit Sinha. Criminal Appeal No. 5 of 2014 has been filed by the State challenging the acquittal of all the accused.

5. Sri Debashis Roy learned Special Public Prosecutor, appearing for the State of Tripura, submitted in Criminal Appeal No. 5 of 2014 that there are three separate incidents. The first is shooting at Babur Bazar where two persons Afruz Ali and Abdul Wahid were injured. The second incident is at Yubarajnagar where Abdul Hannan was killed. The third incident relates to the death of the Nikhil Chandra Deb due to unexplained firing in the auto rickshaw. His main submission is that though, initially, the appellants may have had the right to private defence but once they had left Babur Bajar where the mob h