Surendra Vikram Singh Rathore, J. - (1.) UNDER challenge in this appeal is the judgment and order dated 31.1.2012 passed by the learned Additional Sessions Judge, Court No. 3, Faizabad in Sessions Trial No. 162 of 2010 arising out of Case Crime No. 25 of 1985, Police Station Khandasa, District Faizabad whereby appellant Khunnu and Hansraj Singh were convicted for the offence under Section 392 I.P.C. and sentenced to undergo rigorous imprisonment for a period of two years and also with fine of Rs. 2,000/ - with default stipulation of one month additional imprisonment. However, the appellants were acquitted of the charge under Section 397 I.P.C.
(2.) IN this case, there were two more accused, namely, Tej Narayan and Ram Het alias Hannu but during trial, they have expired, therefore, the case with regard to them was abated. Before proceeding further, it is pertinent to mention here that the incident of this case is alleged to have taken place on 18.2.1985. The trial could conclude after about 25 years. The reason for the delay in disposal of the trial was that some original papers were lost and file was subsequently reconstructed.
(3.) ACCORDING to the case of the prosecution, on 18.2.1985 in the night, complainant Satguru along with his Smt. Leelawati was sleeping on the roof of their house. In the mid -night, two persons came on the roof and they brought the complainant and his wife down the stairs and one of the culprit opened the main door and two other accused persons also entered into the house of the complainant. A lamp was lightening in the house. The accused persons started threatening them and were enquiring the complainant and his wife regarding valuable articles. Hearing the noise, the other persons of the vicinity reached there and started throwing bricks on the accused persons. Under the pressure of the villagers, the accused persons ran away with one Handa (A big metal utensils valuing of Rs. 1,000/ -). They were chased by the villagers then one of the culprits, who was armed with gun fired towards the villagers who were chasing. Therefore, they could not chase them further. The complainant named Khunnu Lodh, Hansraj Singh and Ram Het Pasi as the persons, who have committed this offence in his F.I.R. and the fourth accused person, who was armed with gun, was not previously known to him.;