(1.) MUKTESHWAR Prasad, J. Accused Ram Poot son of Balwant has filed this appeal under Section 374 Cr. P. C. against the judgment and order dated 30-6-1981 passed by the then Additional Sessions Judge, Badaun in ST No. 423-A of 1978 whereby he was found guilty for the offence punishable under Section 395 I. P. C. and was sentence to undergo rigorous imprisonment for a period of seven years.
(2.) BRIEFLY stated, the facts of the case leading to the prosecution of the appellant were as under: P. W. 1 Chandrapal son of Jhanjhan Teli is a resident of village Adhauli, Police Station Ujhani in District Budaun. He lived in his house alongwith his wife Smt. Somwati and his parents Jhanjhan and Smt. Ladaiti.
(3.) CHANDRAPAL and his wife Smt. Somwati were sent to P. H. C. Ujhani for medical examination of their injuries where Dr. S. K. P. Singh, the then Medical Officer examined injuries of Smt. Somwati at 8 a. m. on 8-8-1978. He further examined injuries of CHANDRAPAL on the same day at 8. 15 a. m.