(1.) This criminal appeal by Satish son of Debi Prasad and Ram Singh son of Reoti, accused, is directed against the judgment and order dated 21-11-1980 passed by VIII Addl. Sessions Judge, Kanpur, whereby both the appellants have been convicted under Section 395, I.P.C. and sentenced to undergo 4 years' R.I. each.
(2.) Brief facts giving rise to the present appeal are as under :
(3.) Satish, accused, was arrested on the night between 23rd and 24/07/1979 at 3.15 a.m. from his house in village Anser. He was later on put to identification and was correctly identified by the complainant as well as Bhikhari, P.W. Ram Singh was arrested on 22-9-1979 at Bus-stop of village Usri and was put to identification. He was identified by the complainant, Bhikhari, Vishram Singh, Chhidda, Suresh and Lalla Singh, P.Ws. After completion of the investigations, charge-sheet (Ext. Ka-6) was filed against both the accused in the Court of Judicial Magistrate, Derapur, who committed the case to the Court of Sessions.