S.A.BOBDE,J. - (1.) The appellants in these appeals are Salim Shamsuddin Shaikh in Criminal Appeal No. 1901 of 2008 (hereinafter referred to as A-2) and Mohmed Rafiq Abdul Rahim Shaikh in Criminal Appeal No. 1078 of 2008 (hereinafter referred to as A-4). The Criminal Appeals are filed against the final Judgment and Order dated 11.09.2007 passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal Nos. 635 of 2004 and 912 of 2004 respectively. Wherein, the High Court has dismissed both the appeals and upheld the conviction and sentence passed by the Additional Sessions Judge, Ahmedabad in Sessions Case No. 46/1999 and 190/2000. A-4 and A-2 are convicted for offences committed under Section 25(1)(A) read with Section 35 of the Arms Act, 1959 and sentenced to undergo three years rigorous imprisonment and fine of Rs. 5000/-. A-4 and A-2 are also convicted under Section 25 (1AA) read with Section 35 of the Arms Act, 1959 and sentenced to undergo seven years rigorous imprisonment and to pay a fine of Rs. 10,000/- each and in default of making payment of fine to undergo six months imprisonment. Both the sentences were ordered to run concurrently.
(2.) On 4.2.1993 at about 7 pm one blue colored Maruti Fronty car without a number plate was stopped by Constable Manuji Knauji Rajput. It was driven by Noormahammad Mahammadyasin Shaikh (herein after referred to as A-1) in a drunken state. Apparently, a police inspector at the Dariapur Police Station received information that A-1 was in the business of transportation of illegal weapons together with Abduvahab Abdulmajid Pathan (hereinafter referred to as A-3) and that there are some cartridges in the Maruti Fronty car. The car was then searched.
(3.) According to the prosecution six live cartridges were found in the backside of the car in the cavity next to the speaker. These cartridges had the name 'L.V London' on them and they were meant for use in a .45 revolver, which is a prohibited bore. The rest of the prosecution story deals with how the weapons have said to be recovered from the house of A-4. Accused No. 2- Salim Shamsuddin Shaikh;