Judgment

SIKRI, J.: This appeal, by special leave, by the State of Uttar Pradesh is directed against the judgment and order of the High Court of Judicature at Allahabad allowing the appeals of the nine accused and setting aside the convictions recorded against them by the learned Sessions Judge, Banda, who had convicted them under Sections 399 and 402, I. P. C., and also five of them under Section 25 (a) of the Indian Arms Act.

2. Nine accused were sent up for trial. Out of them the State has filed appeal against eight. Chiri is reported to have expired and appeal against him has become infructuous. Bimla is reported to have been murdered and the appeal against him has also become infructuous Sunwa is not traceable and the notice of the filing of the appeal has not been served on him yet. He is reported to be absconding. The appeal against him will be kept pending and will be disposed of when he has been served with the notice.

Accordingly, we are concerned with the appeal of the State against Rajju, original accused No. 2 in Sessions Trial No. 91 of 1964, Dharamraj alias Dharma, original accused No. 7, Chunnilal, original accused No. 3, Gaya Prasad, original accused No. 5, and Kappa