(1.) THIS appeal has arisen against the conviction and sentences passed against the appellant under section 395 IPC. He was setenced to undergo imprisonment for seven years and 2,000/- rupees as fine, and in default of payment of fine for a further imprisonment for two months.
(2.) ACCORDING to the prosecution case, a dacoity was committed in the house of one Ram Chander, village Jarua, hamlet of Moradabad, P. S. Deva, District Barabanki in the night invtervening 28/29-8-84. In connection with the dacoity, the first information report was lodged and after that the accused-appellant was tried in connection with the charge framed against him under Section 395 IPC.
(3.) THE result is that the conviction of the appellant cannot be upheld and he is entitled to acquittal.