1. This appeal is directed against judgment dated 16.12.97 passed by First Additional Sessions Judge, Ambikapur in Sessions Trial No.420 of 1993. By the impugned judgment, accused/appellant Teman Yadav has been convicted under Sections 332 and 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years and five years, respectively with a direction to run the sentences concurrently. Co-accused persons Lakshman and Devanti Devi have been acquitted of the charges framed against them.

2. Case of the prosecution, in brief, is as under:

On 19.9.1993, Jitendra Singh (PW-3) was posted as Head Constable at Police Station Ambikapur. Omprakash Tiwari (PW-2) was the owner of the land bearing survey No.69/2, 69/3 and 69/4 situated at village Kanakpur. On 07.9.93, the appellant, acquitted co-accused Lakshman and other persons, namely, Ramnath, Premnath, Lakhan, Pratap, Raman and Keshwar cut the crop of Omprakash Tiwari (PW-2). Omprakash Tiwari (PW-2) lodged First Information Report (Ex-P/5) in Police Station Ramanujganj. Head Constable Jitendra Singh (PW-3) went to village Kanakpur for enquiry and he called appellant Teman Yadav and on being enquired, appell