SUKH RAM AND ANOTHER Vs. STATE

JUDGEMENT

(1.) By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 15.04.1988 passed by the Special Judge (DAA) Banda, in Special Sessions Trial No. 172 of 1986 State of U.P. v. Sukh Ram and another , arising out of Case Crime No. 892 of 1986, under Section 394 IPC, Police Station-Kotwali, District-Banda whereby the appellants have been sentenced to three years rigorous imprisonment.

(2.) Heard Sri Amber Khanna, learned Amicus Curiae for the appellant No. 1 Sukh Ram, Sri Jitendra Prasad Mishra, learned counsel for appellant No. 2 Suresh, Sri B.D. Nishad, learned AGA for the State and perused the record.

(3.) Relevant facts giving rise to this appeal as discernible from the records appear to be that a written report was lodged by Ram Khilawan PW-1 at Police Station Kotwali, on 17.07.1986 at 6:55 p.m. whereby the allegation was made that both the appellants looted silver chain (Sutiya) of his daughter Kailasiya while she was looking after vegetable field around 4:00 p.m. at some place near the bank of Cane river at a distance of 2 kilometers, Police Station Kotwali, District Banda. The written report is Ext. Ka-1.