( 1 ) ON August 31, 1973 Shri V. S. Aggrwal, Additional Sessions Judge, Delhi convicted the present appellant Shri Jai Parkash in respect of commission of offences punishable under section 392 and 397 of the Indian Penal Code (in short I. P. G ). On 3rd September 1979 said learned Additional Sessions Judge, after hearing arguments, sentenced Jai Parkash appellant to undergo R. I. For four years for the offence punishable under Section 397 I. P. G. and 3 years R. I. for offence punishable under Section 392 I. P. G.

( 2 ) INDERJIT (Public Witness 2) is sweet-meat seller. In 1978 he was carrying on that business at shop No. WZ-150-A Khanipur, Delhi. On Tuesday, Feb ruary 21, 1978 at about 1 115 PM aforesaid Inde jit was taking meals on a platform attached to his shop. Roshan Lal (Public Witness 3) who as a friend helps Inderjit in the working of the shop was also taking meals. Ghhotu alias Ram Sanehi, an employee of the shop was also there.

( 3 ) CASE of the prosecution in brief is that two persons, who were subsequently found on investigation to be present appellant Jai Parkash and one Bhagirath, came on the shop of Inderjit. They asked for prasad of the value of Rs. 1.