AMIR SINGH Vs. STATE

JUDGEMENT

(1.) This appeal arises out of judgment and order dated 25.7.79 passed by IInd Addl. Sessions Judge, Bijnor in Sessions Trial No. 72 of 1977, whereby accused Amir Singh was found guilty of the charge under Sec. 395 of The Indian Penal Code and sentenced to suffer rigorous imprisonment for two years.

(2.) Heard Sri S.A. Shah learned Counsel for the appellant and km. Naheed A Moonis learned A.G.G.

(3.) At the final hearing although learned Advocate for accused wanted to assail the Judgment of the learned Sessions Judge but in view of the fact the judgment delivered by the learned Sessions Judge proceeded on the basis of the cogent evidence of Ram Swaroop (P.W.2), who is the complainant and also on the basis of the evidence given by the eye-witness, who was present at the time of occurrence and spot arrest of accused appellant, Amar Singh, this court is not inclined to interfere with the finding of guilt arrived by learned Sessions Judge.