JUDGMENT :

At the outset it needs to refer that the appeal has been filed by Mr. Rajiv Lochan and Sanjay Kumar. The appellant has not been represented by them, even though their names have been displayed in the Display Board. This appeal is of the year 2009 and therefore, taking into consideration of the fact that the appeal is lying pending for about last 10 years, the Court deem fit and proper to appoint Mr. Anil Kumar Sinha, as Amicus Curiae to assist this Court.

2. The instant appeal is against the judgment and order of conviction dated 12.12.2008 passed in Sessions Case No.157/2001 arising out of Jamtara P.S. Case No.39/1989, G.R. Case No.89/1989 by Additional Sessions Judge-III (Fast Track Court), Jamtara, whereby and where under the appellant has been convicted to undergo seven years rigorous imprisonment for commission of offence under Section 395 of Indian Penal Code and fine of Rs.1000/- and in default of fine of Rs.1000/- shall undergo one month simple imprisonment.

3. The order of conviction and sentence pertains to institution of a criminal case by virtue of lodging an FIR against the unknown dacoits in the Jamtara police station under Section 395 of Indian Penal Code nar