SURESH KUMAR GUPTA, J.

1. By this criminal appeal under Section 374 (2) Cr.P.C., the accused-appellant challenges the impugned judgment and order dated 22.11.2008 passed by Special Judge, Essential Commodities Act, Farrukhabad in S.T. No. 339/1994 (State Vs. Wazid Ali and others) convicting the appellants-accused, Wasid Ali and Munna under Section 302/34 and awarded sentence of life imprisonment and fine of Rs. 10,000/- each and in default of payment of fine, five years additional simple imprisonment. The appellants were also convicted under Section 201/34 I.P.C. and awarded sentence of 7 years rigorous imprisonment and fine of Rs. 3,000/- and in default punishment of two years. All the sentences shall run concurrently.

2. Learned sessions court acquitted the accused, Shamshul and Nawab. Record shows that no State Appeal against acquittal has been filed by prosecution.

3. The prosecution version unfolded by complainant Akhtar Ali (P.W.1) succinctly is that on fateful day i.e. on 2.4.1994 when he was cloaking tobacco in his field then at 4:00 p.m. his son- -in law-Tahsi