Hon'ble Arvind Kumar Mishra-I,J.

By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgement and order dated 19.02.1987 passed by Special Jduge (DAA) and III Additional Sessions Judge, Hamirpur in Special Case No. 27 of 1984 (State Vs. Prem Kishore and others), Police Station- Khanna, District- Hamirpur, whereby the appellants- Prem Kishore, Jagdish and Munna- have been convicted and sentenced to undergo 3 years R.I. under Section 399/402 IPC read with Section 2(B) 10/12 U.P. D.A.A. Act and three years R.I. under Section 307 IPC read with Section 2(B) 10/12 U.P. D.A. Act and one year R.I. under Section 25 Arms Act. All the sentences have been directed to run concurrently.

2. However, the aforesaid sentences shall not be imposed, instead, each of the appellant has been given benefit of probation and has been directed to maintain good behaviour and keep peace for a period of three years and to furnish personal bond for Rs.500/- with two sureties each in the like amount. Thus this appeal is primarily directed against the order of conviction and the aforesaid probation order.

3. Brief facts of the prosecution case, as discer