Mohammad Rafiq, J.

This appeal is directed against the judgment and order dated 4th November, 2011 passed by the learned Addl. Sessions Judge, Jhalawar (for short ‘the trial court’) in Sessions Case No. 14/2010 whereby the accused appellant has been convicted and sentenced for the offence under Section 396 IPC to undergo life imprisonment with a fine of Rs.2,000/- and in default whereof, to further undergo one year simple imprisonment.

2. Facts of the case are that a written report (Ex.P17) was submitted at 3.15 AM on 17/9/2005 by one Trilochan Singh (PW7) to the Station House Officer, Police Station, Jhalarapatan to the effect that at 2:00 A.M., driver of the truck No. RJ-20G-3278 came to his Dhaba and informed that one person in injured condition was lying at Raipur Road. He then made a telephonic call to control room and reached the place of occurrence where he saw one person lying along side the road. At that time, police party also reached there. He immediately took that person to Jhalawar Hospital in a truck No.RJ 20 G 4276. The injured was heard saying that he gave lift to four about 100 yards, before the place of incident, who were in acquaintance to his Khallasi. T