(1.) None appeared on behalf of the accused appellant nor any prayer for adjournment of the case has been made when this appeal is taken up for final hearing. Learned Government Advocate appeared before the Court.
(2.) The criminal appeal arises out of the judgment of II Additional Sessions Judge, Moradabad dated 4.8.1979 in Sessions trial no. 538 of 1978 whereby the accused Vinod Kumar was found guilty of committing offence under Sections 392 Indian Penal Code convicting the sentence of 5 years rigorous imprisonment or in the alternative under Sec. 392/34 Indian Penal Code.
(3.) The prosecution case in short is as follows:-