Malik Sharief-Ud-Din,j.

( 1 ) THE appellant was convicted and sentenced toundergo R. I. for five years and a fine of Rs. 100. 00 under sections 392/34 IPC. In default of payment of fine he was sentenced to undergo further R. I. forone month. His accomplice, one Kailash appellant in Criminal Appeal No. 103of 1986 was also sentenced to undergo similar sentence under sections 392/34ipc. He was, however, additionally convicted and sentenced to seven years r. I. and to a fine of Rs. 200. 00, in default of payment of fine to undergo furtherr. I. for two months under section 397 IPC.

( 2 ) BAWA Gurcharan Singh argued the case of the appellant, Chamanlal, while counsel for second appellant namely Kailash did not appearthough the case was adjourned as part heard till today. In so far as the caseof the appellant Kailash is concerned, Mr. R. P. Lao in the absence of thecounsel for the appellant has very fairly taken me through the entire record.

( 3 ) THE case of the prosecution is that on 16/01/1985 thecomplainant Ram Sahai at about 10. 30 PM had gone to contact onebaij Nath at Chandni Mahal with a view to collect some cereals in regardof his avocation. Earlier in the day. Ram Sahai failed t

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