( 1 ) HEARD the learned counsel for the appellant and the learned A. G. A. who agrees that if this Court so finds proper, this appeal may be decided on merits.

( 2 ) ACCORDING to the learned counsel for the appellant, he already had undergone the sentence of seven years but even then has not been released from jail. He has filed evidence to show that the aforesaid sentence has been carried out and the contention appears to be correct also. It is, therefore, unnecessary to keep him inside the jail, rather it is an illegality of serious nature if in spite of his having served out the sentence, he continues to be behind the bars.

( 3 ) COMING now to the merits of the case also, I find that he was wrongly convicted and sentenced by the learned lower Court. He allegedly had participated in a dacoity during the night intervening 22/ 23/04/1974 at about 11 or 11. 30 P. M. along with seven or eight companions. A few of his companions were tried and acquitted earlier in different sessions trial. He, however, was arrested by police in the night intervening 16/ 17/06/1974 at about 1 a. m. and the test identification proceedings were got conducted by the investigating agency as