S.K.AGARWAL, J. - (1.) THIS appeal by three appellants, namely Shiv Prasad, Sadhu Saran and Tarkeshwar, arises against their conviction and consequent sentence under Section 392 read with Section 397 I.P.C. to 7 years R.I. passed by the IIIrd Additional Sessions Judge, Basti on 22-9-1980.
(2.) THE brief facts of the case are that the informant alongwith his phuwa, Smt. Genda Devi, started from her Sasural (in-laws house), village Dugduiya, P.W. Sah-janwa, District Gorakhpur, to her parental house situated in village Karaunda, P.S. Bakhira, District Basti. He was walking on foot with his Phuwa from Newasey cross­ing. When he reached near Karaunda Pok-har (pond) at about 8.30 p.m., three per­sons accosted them. They are appellants abovesaid. They had taken away the Jewel­lery and the clothes that his Phuwa was possessing on the strength of knife and Katla. The incident was witnessed by Ajay son of Satyanarayan, Kuber son of Ram-roop. Ram Niwas Pathak son of Jamuna and Sadhu Saran Singh son of Pashupati Nath of his village and Brijlal Singh and many other villagers, who came to the spot flashing their torches. They had witnessed the inci­dent and also recognised the miscreants in this light. In the robbery a gold chain, a pair of golden ear rings, a pair of silver Payal, Rs. 200/- cash and clothes were taken away. The report of the incident was lodged by Man Singh at P.S. Bakhira at about 10.30 p.m. The distance of the police station from the village of occurrence was 7 kms. The prosecution in support of its case has examined five witnesses in all. Out of them P.W. 1 Man Singh, P.W. 2 Smt. Genda Devi and P.W. 3 Kuber Singh are the witnesses of occurrence. P.W. 4 Prem Nath is the Constable Clerk. P.W. 5 Lallan Sharma, S. I., is the Investigating Officer.
(3.) THE defence has examined D.W. 1 Daya Shankar Yadav, Constable. The defence has denied the prosecution story and claimed their false implication on ac­count of pre-existing enmity between the informant and the accused.;