(1.) JUDGMENT :- This is an appeal against the judgment and order dated 17-7-1981 passed by Sri I. N. Thakural, the then I Additional Sessions Judge, Azamgarh in Sessions Trial No. 107 of 1981, State v. Subedar Yadav whereby he convicted the accused-appellant under Section 395, I.P.C. and sentenced him to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 1000.00 and in default to further suffer rigorous imprisonment for a period of one year.
(2.) I have heard the learned Amicus representing the accused-appellant and the learned A.G.A.
(3.) The prosecution story was as under :-