Naheed Ara Moonis, J.

The instant appeal is arising out of judgment and order dated 21.8.1982 passed by the IV Additional Sessions Judge, Fatehpur in S.T. No. 333 of 1980 whereby convicting the appellants under Section 333 I.P.C. for six years rigorous imprisonment. Further convicting the appellant no.1 Deo Nath under Section 394 I.P.C. with rigorous imprisonment of three years. All the sentences were directed to run concurrently. During the pendency of appeal the appellant no.1 Deo Nath died and as such the appeal stood abated against him by order dated 5.11.2012.

2. Heard Sri Harsh Kumar Srivastava, learned counsel appearing on behalf of the surviving appellants, namely, Deo Raj and Udai Bhan and Sri R.D. Yadav, the learned A.G.A. on behalf of the State and perused the record.

3. The prosecution case in short conspectus is that the first information report was lodged by Constable Ram Abhilash (P.W. 8) that when he along with Constable Rajbali (P.W. 3) were returning after patrolling on 11.9.1977, as they had visited the villages Bara, Malukbari and Kachhra in search of one accused Swayamber but he was not traceable and reached near the 'Nala' lode at about 6 P.M. in the v