Judgement

KHANNA, J.:- This is an appeal by special leave by Alisher against the judgment of the Allahabad High Court whereby the High Court altered the conviction of the appellant from u/S.412, Indian Penal Code to that u/S.411, Indian Penal Code and reduced his sentence from rigorous imprisonment for a period of three years to that of one year.

2. The prosecution case is that a dacoity took place at the house of Ajab Singh in village Kanjoli within the area of police station Rampur on the night between July 26 and 27, 1965. As a result of that dacoity one D.B.B.L. Gun No.47942, belonging to Dataram, father of Ajab Singh, was carried away by the dacoits. Report about the dacoity was lodged by Ajab Singh with the police. On April 16, 1966, it is stated. Sub-Inspector Hari Prakash Sharma on receipt of intimation organised a police picket on a canal road in police station circle Titawi. At about 6 p.m. the appellant was seen coming from the direction of village Khatauley. The appellant was stopped and the barrel of a gun which had been wrapped in a piece of cloth was recovered from him. The barrel recovered from the appellant bore No.47942 and was of run No.47942 which had been carried