RAM NARESH Vs. STATE OF U P

JUDGEMENT

(1.) BOTH the aforesaid appeals arise out of the judgment and order of conviction by Additional District and Session Judge IIIrd, Barabanki in S.T. No.366 of 1982, whereby the appellants have been sentenced to undergo rigorous imprisonment of ten years each under Section 396 IPC. They have been further imposed a fine of Rs.1,000/ - each and it is directed that in case of default in payment of fine, they shall further undergo rigorous imprisonment of two years.

(2.) SINCE the impugned judgment is common in both the appeals, hence, both the appeals are being taken up together and decided by a common judgment.

(3.) THE appellants Kesho Ram, Ram Sewak, Kanthey alias Rama Kant, Kesho Ram son of Jugun, Shamsher, Bishambhar, Ram Naresh, Ram Karan alias Kallu, Bahraichi and Ganeshi were charge -sheeted by the police under Section 396 IPC. The accused Bahraichi and Ganeshi were also charge -sheeted under Section 412 IPC for having dishonestly receiving and retaining the looted property. However, the learned trial court acquitted Bahraichi and Ganeshi all the charges and convicted eight persons under Section 396 IPC. During the pendency of the appeal, one of the appellant Ram Sewak died and the appeal stood abated as regards him.