JUDGMENT :

Pushpendra Singh Bhati, J.

1. This criminal appeal under Section 374 Cr.P.C. has been preferred claiming the following reliefs :

“Hence the accused petitioner preferred this appeal in this Hon’ble High Court and prays that the Judgement of the learned trial Judge of conviction and sentence may kindly be set-aside and appellant be acquitted and set at liberty.”

2. The matter pertains to an incident which occurred in the year 1983 and the present appeal has been pending since the year 1991.

3. The accused-appellants laid a challenge to the judgment of conviction and order of sentence dated 10.09.1991 passed by the learned Additional Sessions Judge No.1, Jodhpur, in Sessions Case 58/85 (State of Rajasthan Vs. Bakhtawarsingh), whereby the present accused-appellant has been convicted and sentenced as below :

4. As the pleaded facts and the record would reveal, on 16.07.1983, complainant-Jethu Singh has submitted a written report (Ex.P-3) before Police Station, Sardarpura, Jodhpur stating therein that on 16.07.1983 at around 3:30 in the