JUDGMENT:

C.K. THAKKER, J.

1. This appeal is filed by Raj Kumar @ Raju-accused No.1 in Sessions Trial No. 14 of 1983. He was convicted for an offence punishable under Section 396 of the Indian Penal Code (IPC) along with three other accused and ordered to undergo rigorous imprisonment for ten years and to pay fine of Rs.2,000, in default of payment of fine, to undergo additional imprisonment for one year. The said order was passed by the II Addl. Sessions Judge, Nainital on August 9, 1985. The appellant preferred an appeal against the said judgment and order which was registered as Crimial Appeal No. 2128 of 1985 in the High Court of Allahabad and was re-numbered as Criminal Appeal No. 315 of 2001 in the High Court of Uttaranchal at Nainital and was dismissed by the High Court on December 16, 2006.

2. The case of the prosecution was that on September 24, 1982 one Tilak Raj-PW1 submitted a written report at Police Station, Khatima stating therein that when he reached his house for taking lunch at about 12.30 p.m., he saw Raj Kumar @ Raju, Pushpendra Singh, Swadesh Chandra @ Gappu and Nirankar in his house. All the accused were dragging his wife who was soaked in blood. According to Ti