GOPAL PRASAD, J.:–Heard learned counsel for the appellant and learned counsel for the State.

2. The appellant has been convicted under Section 395 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years with fine of Rs.5,000/- and in default to serve further simple imprisonment for three months.

3. The prosecution case as alleged in the First Information Report by the informant Raghu Ram P.W. 2 is that on 30.07.2008 at about 1:30 A.M. he loaded the cattle on Truck No. UP-65H-8582 from Chausa (U.P.) and at 3:00 P.M. truck proceed. Other businessmen boarded in truck and truck driver Vijay Yadav was driving the truck. At about 12:45 A.M. truck reached at N.H.-98 Lamari Parsawan More, where both back tyres were punctured and truck was stopped. In the meantime, six persons came and surrounded the truck including the informant and the accused persons boarded the truck. Two miscreants were armed with pistol and two were armed with iron rod, one had a chhura (knife) and one miscreant had a bag. Two miscreants were wearing lungi and shirt and other four were wearing shirt and pants. Dacoits looted away total Rs.36,200/- from the possession of informant and his as

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