JUDGMENT

B.P. Singh, J.-In this appeal by special leave the sole appellant is Pramod Mandal who alongwith six others was put up for trial before the 6th Additional Sessions Judge, Bhagalpur in Sessions Case No. 739 of 1990 charged of the offence under Section 396 IPC. It is not necessary to refer to the charges framed against the remaining accused since they are not appellants before us. The trial court by its judgment and order of April 24, 1995 found the appellant guilty of the offence under section 396 IPC and sentenced him to undergo rigorous imprisonment for 10 years. The appellant preferred Criminal Appeal No. 125 of 1995 before the High Court of Judicature at Patna which was dismissed by the High Court by its impugned judgment and order of April 5, 2002.

2. We may only observe that of the seven persons put up for trial before the learned 6th Additional Sessions Judge one Deepak Yadav was given the benefit of doubt and acquitted. One Parsuram Pawan was sentenced to life imprisonment both under sections 396 and 302 IPC, while Rajesh Kumar Yadav was sentenced to life imprisonment under section 396 IPC. The remaining accused were sentenced to 10 years rigorous imprisonment under s