JUDGMENT

B. Sudershan Reddy, J.—

1. Leave granted.

2. In this appeal by special leave the appellant Amar Nath Shukla had challenged his conviction under Section 436 of the Indian Penal Code (hereinafter referred to as “IPC”). He was tried by First Upper Sessions Judge, Nainital in S.T. No. 355 of 1989 of the charge of having committed the offences punishable under Sections 436 and 147 IPC. The trial court by its judgment and order dated 29.7.1991 found the appellant guilty of the offence punishable under Section 436 IPC and acquitted him of the charge under Section 147 IPC. He was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 500/-. On appeal, the High Court by its impugned judgment and order dated 21.8.2008 in Criminal Appeal No. 775 of 2001 (Old No. 1529/91) dismissed the appeal preferred by the appellant.

3. The occurrence giving rise to the present appeal is said to have occurred on 26.2.1989 at about 1.00 P.M. The case of the prosecution, as deposed to by the complainant-Sita Ram (PW-3) is that he was living along with his wife and children in a hut near Nagla Shiv Temple, P.S. Lalkuan for the last three years preceding the date of occurre