Bhullan alias Bholu alias Khan vs State

Ikram-ul-Bari, J.—Appellant Bhullan 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. 47M of 1980 State v. Kalloo alias Ram Ratan and Ors. 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.

The Appellant was convicted of the charges under Sections 399 and 402, IPC and Section 25 of the Arms Act. He was sentenced to 3 years'' R.I. each under Sections 399 and 402, IPC and to one year''s R.I. u/s 25 of the Arms Act.

Co-accused Kalloo, who was also similarly convicted and sentenced by the same judgment, 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 imprisonment equivalent to the imprisonment already undergone. In his case the period of imprisonment, already undergone 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 interference 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.

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 discharged.