- (1.) THIS appeal challenges the judgment and order dated 31.10.1987 passed by Sri P. S. Malhotra, the then Special Judge, Kanpur -Dehati in Special S. T. no. 224 of 1979 whereby the appellant had been found guilty for the offence punishable u/s 25 Arms Act and had been sentenced to one year's R.I. However, the appellant had been acquitted for the offence u/s 399/402 IPC.
(2.) ON 15.10.2014, when the appeal was taken up for hearing Sri S. K. Srivastava, learned counsel for the appellant did not press the appeal on merits and contended that the appellant had been in custody in this case during trial for about 11 months and 15 days, so taking lenient view and considering the fact that the incident is of 20.3.1979 and the instant appeal is pending since 19.11.1987, the sentence may be reduced to the period already undergone by him.
(3.) THE learned AGA has no objection to the above proposition. On perusal of the record it transpires that on 20.3.1979 at about 11:45 p.m. near the Govt. Tube -well of village Saragaon P. S. Sajenti District - Kanpur, the appellant and along with four other named accused were apprehended by the police while they were making preparations for committing dacoity at the house of Paras Ram Mishra in village Sargaon and a factory made pistol no. 614505, .32 bore with five live cartridges in the magazine was recovered from the possession of the appellant. Other arms and ammunition were recovered from the possession of other co -accused. The investigation culminated into charge -sheet against the accused appellant.;