(1.) The aforementioned two appeals are being decided by way of this common judgment, as the same have been arisen out of the same case/FIR. However, the facts are being derived from CRA -S -1983 -SB -2002.
(2.) The appellant/accused has filed this criminal appeal assailing his judgment of conviction dated 24.10.2002 and order of sentence dated 26.10.2002, passed by the learned Additional Sessions Judge, Gurgaon. The appellant was convicted and sentenced to undergo rigorous imprisonment for 05 years and to pay a fine of Rs. 2000/ - under Sec. 392 of the Indian Penal Code (for short 'IPC'), in default of payment of fine, to further undergo RI for 06 months and he was further sentenced to undergo RI for 07 years under Sec. 397 IPC. However, the appellant was acquitted of the charge framed under Sec. 25 of the Arms Act.
(3.) The case of the prosecution as culled out from the judgment of the Trial Court is as under: - -