Hon'ble Mrs, Poonam Srivastav, J. - (1.) Heard Sri Kamal Krishna, Senior Advocate assisted by Sri H.S. Singh, learned counsel for the appellant and learned A.G.A. for the State.
(2.) Three accused namely Har Charan, Rameshwar and Rajjan were sent up for trial in ST. No. 110 of 1979. Accused Rameshwar and Rajjan were held not guilty and they were given a clear acquittal whereas the present appellant Har Charan was convicted under Sections 395 and 412 I.P.C. He was sentenced for 5 years R.I. under Section 395 I.P.C. and one year R.I. under Section 412 I.P.C. and both the sentences were directed to run concurrently.
(3.) The occurrence is alleged to have taken place on 16/17.12.1978 in the mid night. The F.I.R. was registered on 17.12.1978 at 9.15 p.m. at Police Station Kulpahar, District Hamirpur by the first informant Kadhora PW-1.;