- (1.) IKRAM-ul-Bari, J. Appellant Bhul lan has challenged the order of conviction and sentence dated 29-11-1980 passed by the Addl. Sessions Judge (Metropolitan Area), Kanpur, in Sessions Trial No. 47 M of 1980, State v. Kallo alias Ram Ratan and others. When the appeal was called for hearing none appeared on his behalf. The record has been perused with the help of the learned A. G. A.
(2.) THE appellant was convicted of the charges under Sections 399 and 402, I PC and Section 25 of the Arms Act. He was sentenced to 3 years R. I. each under Sec tions 399 and 402, IPC and to one year's R. I. under Section 25 of the Arms Act. Co-accused Kallo, who was also similarly convicted and sentenced by the samejudgment, had filed Criminal Appeal No. 2806 of 1980 (Kalloo v. State of U. P ). On 2-12-1998 the correctness of the order of conviction was conceded on behalf of Kalloo and request for remission in the sentence only was made. Kalloo was sentenced, accordingly, to the rigorous im prisonment equivalent to the imprison ment already undergone. In his case the period of imprisonment, already under gone after the conviction, was more than 13 months. I have perused the judgment of the learned Addl. Sessions Judge. There is nothing in the judgment to justify the in terference with the order of conviction. As regards the period of his confinement in jail it is noticed that when the conviction was recorded against him on 29-11-1980, he was on bail. He had sent the appeal from Jail but on 2-1-1981 he was released on bail. His confinement after conviction was only for a couple of month. On the ground of parity, his sentence may also be reduced to 13 months.
(3.) THE appeal against conviction is, therefore, dismissed but the sentence is reduced to 13 months undergone. He shall be arrested forthwith to serve out the remaining sentence. His sureties stand dis charged. Appeal dismissed. .;