ORAL JUDGMENT :

1. Heard learned counsel for the appellant and learned APP for the respondent-State.

2. This appeal challenges the judgment and order of conviction dated 19/10/1996 of learned Additional Sessions Judge, Greater Mumbai, against the present appellant who is the accused no.1. The accused who are four in number were charged by the trial Court for the offence punishable under Section 452 read with 34, under Section 394 read with Section 34, under Section 397 of the Indian Penal Code (hereafter ‘IPC’ for short) and Section 3 read with Section 25 of the Indian Arms Act. The trial Court convicted the appellant and other accused for the offence punishable under Section 452 read with 34 of the IPC and sentenced them to suffer rigorous imprisonment for five years and to pay a fine of Rs.1000/- by each of them, in default to suffer further rigorous imprisonment for six months. The appellant was further convicted for the offence charged against him punishable under Section 25 (1-B) sub-section (a) read with Section 3 of the Arms Act and sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.2000/-, in default to suffer rigorous imprisonment for nine months