S. N. Saxena, J.

1. This Criminal Appeal was heard yesterday and the operative order allowing the appeal and acquitting the appellants of the charges levelled against them was pronounced after the conclusion of the arguments. Necessary order in respect of material exhibits also was passed. The reasons for allowing the appeal are being given now.

2. All the five appellants were convicted and sentenced for different offences including the offences under sections 399 and 402, IPC by the learned IV Addl. Sessions Judge, Bulandshahr on 31-3-1979 in Sessions Trial No. 351 of 1974 and Sessions Trial No. 42 of 1976, both of which were consolidated and heard and decided by a common judgment. S. T. No. 351 of 1974 was the loading case.

The accused persons, on 11-8-73, at about 10.00 P.M. had allegedly assembled in the "Dharmshala" of Shastriji at the out-skirts of village Sondha Habibpur in police station Khuurja, district Bulandshahr, after having made preparations for commiting dacoity. They were illegally carrying arms due to which accused Ghoorey. Dal Chand, Ram Lal and Mahmood were tried under section 25 (1) (a) of the Arms Act in respect of the arms which were found in their po