Hon’ble Rajeev Misra, J.—The short question involved in the present criminal appeal is whether the Court below was right in convicting the accussed-appellants by accepting the prosecution case as probable.

2. Mr. Zafar Abbas, learned counsel for the accused appellants and Mr. Ajit Ray, the learned A.G.A. have been heard at length, in support of and in opposition to the appeal.

3. Feeling aggrieved by the judgement and order dated 12.10.1987 passed by the Ist Additional Sessions Judge, Rampur, in Sessions Trial No. 254 of 1986 (State v. Sagheer and others) whereby, the accused appellants have been convicted under Section 449 and 302/34 IPC and further sentenced to undergo two years rigorous imprisonment under Sections 449 IPC and Life imprisonment under Section 302/34 IPC, the accused appellants have filed the present criminal appeal.

4. The instant appeal was filed on 13.10.1987 in this Court. vide order dated 13.10.1987, the accused appellant No. 2 Ikrar and the accused appellant No. 3 Ram Charan were released on bail. The appellant No. 1 was released on bail vide or