ARAF MULLA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE judgment dated 22.4.1992 passed by the Addl. Sessions Judge, Balasore in S.T. No. 24/132 of 1991 convicting the appellant under Section 412 IPC and sentencing him thereunder to undergo rigorous imprisonment for seven years is impugned in this appeal.

(2.) ON the basis of an FIR filed on 3.3.1991 alleging that some unknown persons entered into the house of the informant armed with guns and other weapons and committed dacoity, the criminal action was set in motion. Seven accused persons including the appellant were arrested who faced their trial for alleged commission of offences under Sections 457/398/216 -A of Indian and Penal Code besides Section 9 -B(b) of the Indian Explosive Substances Act and Section 27 of the Indian Arms Act. The learned trial Court found all the accused persons not guilty of the offences under Sections 457/395/216 -A of IPC and also Section 9 -B(b) of the Indian Explosive Substance Act and Section 27 of the Indian Arms Act and acquitted them of the said charges. However, the trial Court found the appellant guilty under Section 412 IPC and convicted and sentenced him thereunder as aforesaid.

(3.) ALL the co -accused of the appellant who faced trial along with the appellant have been acquitted in the case. It is submitted that the appellant was in custody for more than two and half years, from 23 -3 -1991 to 13 -10.1993, and now he is on bail. Taking a liberal view, while dismissing this appeal, I reduce the sentence of the appellant from rigorous imprisonment for seven years to the period he remained in custody as aforesaid. The Appeal is accordingly dismissed with the aforesaid modification in sentence.