(1.) Leave granted.
(2.) The appellant was made an accused in FIR No. 237 dtd. 31/7/2003 registered at Bhilwara Police Station, Subhash Nagar, Rajasthan, along with six other accused persons. He was tried for the charges under Ss. 399, 402 and 307 of the Indian Penal Code, 1860 (IPC) and Ss. 3/25 and 4/25 of the Arms Act, 1959 (Arms Act). The Trial Court convicted him for the charges under Ss. 399/402 of the IPC and also under Ss. 3/25 of the Arms Act and directed him to undergo sentence of two years and one year rigorous imprisonment respectively.
(3.) In appeal, the High Court set aside the conviction for the charges under Ss. 399/402 of the IPC while upholding the conviction for the charges under Ss. 3/25 of the Arms Act. The relevant portion of the order passed by the High Court is reproduced as under: