VEERPAL Vs. STATE OF U P

JUDGEMENT

(1.) This appeal filed on behalf of the accused-appellant, is directed against the judgment and orders dated 20th March, 2012, passed by Sri Chandraudaya Kumar, Special Judge (D.A.A.) Farrukhabad, in Sessions Trial No.16 of 1987 (State Vs. Veer Pal), whereby the appellant has been convicted under section 395 IPC and sentenced to undergo rigorous imprisonment of nine years and to pay fine of Rs.8,000/- failing which to further undergo four months imprisonment.

(2.) Heard Sri Kamal Kishore, learned Senior Advocate assisted by Sri Rajesh Kumar Mishra, learned counsel for the appellant and Sri Raj Bahadur, learned AGA for the State-respondent and perused the record.

(3.) In support of the appeal, on behalf of the appellant, it has been argued that the impugned judgment and orders are illegal and against the evidence available on the record. In this case, the investigating officer was not examined. Enmity was the reason for false implication. FIR was ante-timed. Prosecution story was unnatural and improbable and the learned trial Judge without taking into consideration these factors has erroneously convicted the appellant.