JUDGMENT

J.C.S. Rawat, J.— These two criminal appeals were filed against the same judgment and order dated 13-3-1981 passed by Sri M.C. Jain the then Ist Addl. Sessions Judge, Nainital in S.T. No. 295 of 1979, State v. Arbinder Singh and 5

others, therefore, these two appeals are being disposed of by this common judgment. The learned Addl. Sessions Judge convicted and sentenced the appellant Arbinder Singh to undergo R.I. for a

period of four years under S. 395, I.P.C. The learned trial Court acquitted the

co-accused, namely, Munshi Ram, Amar Chand, Deewan Chand, Gopal Chand and Mugla Ram.

2.The prosecution case, in brief, is that on 5/6-7-1979 Ranjeet Singh Rawat (P.W. 1) Range Officer of Forest at Ramnagar along with Kirti Singh Bist (P.W.2), Forester, Khushal Singh (P.W.3), forest guard and other forest personnel were on patrolling duty in the forest jungle. They stopped tractor No. USR 5958 driven by the appellant. Munshi Ram accused was sitting on the mudguard. Munshi Ram shot fire from the rifle. The remaining accused were sitting in the trolley, Kirti Singh Bist (P.W.2) snatched the rifle from Munshi Ram. The appellant was arrested on the spot while the other accused made th