K. SURENDER
Feroz Hussain – Appellant
Versus
State of Andhra Pradesh, Through High Court Public Prosecutor – Respondent
JUDGMENT :
1. Since both these appeals arise out of Common Judgment passed in three cases i.e, S.C.No.348 of 2007, S.C.263 of 2008 and S.C. 10 of 2009, they are being heard and disposed off by way of this Common Judgment.
2. The appellant/A1 i.e., Feroz Hussain, S/o. Ahmed Husain was convicted and sentenced to undergo simple imprisonment for a period of four years for the offence under Section 25(1)(a) of the Arms Act, 1959 and found not guilty for the offence under Sections 399 and 402 IPC in Criminal Appeal No.840 of 2007.
3. The Appellants/A4 and A5 in Crl.A.No.861 of 2009 were convicted for the offence under Section 25(1)(a) of the Arms Act and sentenced to undergo simple imprisonment for a period of four years vide judgment in SC No.263 of 2008 and found not guilty for the offences under Section 399 and 402 of IPC. However the accused who is arrayed as A3 in SC No.10 of 2009 is not before this Court.
4. The appellants in both the SC Nos.348 of 2007 and 263 of 2008 were convicted for the offence under Section 25(1)(a) of the Arms Act.
5. According to the case of the prosecution, P.W.1 was working as SI of Task Force, who received information on 28.03.2006 at 9.15 p.m. stating that s
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