S.K.Sharma and Akhilesh Chandra JJ.

1. The criminal appeal has been filed by sole appellant Rajendra Chauhan against judgment of conviction and order of sentence dated 23.2.1989 passed by the learned 13th Additional Sessions Judge, Munger in Sessions Case No. 447 of 1986 relating to G.R. No. 407 of 1984 Ariyari P.S. Case No. 59 dated 29.10.1984 whereby and whereunder the sole appellant was found guilty under Section 395 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for life.

2. The prosecution case is a sequence of a written report (Exhibit-1) filed by Suresh Paswan (P.W. 1) alleging therein that he alongwith his grandmother Sukri Devi, Amrica Devi (P.W. 2), Jilevi Devi (P.W. 3), Sohagwa Devi and Mundrika Manjhiall residents of Diha Panchayat were returning from Village- Ferpar after receiving Rs. 360/- each by way of old age pension, then accused namely, Rajendra Chauhan and other named accused persons forcibly took Rs. 200/- each from them and returned the residual amount of Rs. 160/-.

3. According to allegation at the time of occurrence Rajendra Chauhan was assisted actively in the offence by Hazari Chauhan, Kishori Chauhan and Ayodhya Chau