(1.) Challenge in this appeal is to the judgment of a Division Bench of the Allahabad High Court setting aside the conviction of the respondent for offence punishable under Section 396 of the Indian Penal Code, 1860 (in short the 'IPC') as was recorded by learned Vth Additional Sessions Judge, Fatehpur. The respondent was sentenced to imprisonment for life by the said judgment; but he was acquitted of the charge relatable to offence punishable under Section 314 IPC.
(2.) Background facts in a nutshell are as under:
(3.) Since the accused persons abjured guilt they were put on trial. It is to be noted that originally three persons were named as accused and reference was made to 9 unknown persons. One of them died during trial, and one died during pendency of the appeal before the High Court. Respondent was accused No.4. In order to further its version prosecution examined 29 witnesses. Placing reliance on testimony of Har Prasad (PW-2), Ram Lakhan (PW-7), Smt. Sheo Sakhi (PW-11) and Smt. Ram Rati (PW-12) the trial Court directed conviction as noted above.
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