K. Narayan

1. Accused appellant Banwari and Chhotey Lal who stood trial on the charge under Section 393, I.P.C. before Special Judge, (dacoity affected area) Kanpur Dehat in Special Session Trial No. 4 of 1986, were found guilty and were sentenced to rigorous imprisonment for 3 years each and to pay fine of Rs. 500 and in default to undergo imprisonment of three months each. Aggrieved by the same both have preferred appeal from Jail. Sri Raghuraj Kishore was appointed as amicus curiae but unfortunately he has not appeared today before the court.

2. I have gone through the record of the case alongwith the learned counsel for the State and proceed to dispose it.

An F.I.R. of the instant case was lodged by one Kali Charan on 15.11.1985 with police station Akbarpur, Kanpur Dehat at 19.10 p.m. on 5.11.1985 with the allegations that at about 6.00 p.m. the same day, when he alongwith his wife Ganga Deyee, and daughter Prema Devi had gone towards on the field, Banwari and Chhotey Lal came there and stopped them. Banwari made on attempt to take out the hansli (Sutia) from the neck of Prema Devi but the same could not be taken out. They raised an alarm. Whereupon Banwari assaulted Ka