JUDGMENT :

Ved Prakash Vaish, J.

Heard Sri Pradeep Kumar Tripathi, learned counsel for the appellant and Ms. Ruhi Siddiqui, learned Addl. G.A. for the State.

2. This is an appeal filed by the appellant, Lokai Chamar against the judgment and order dated 14.04.1987 passed by learned VIIth Additional District & Sessions Judge, Sitapur, in Sessions Trial No.160 of 1986, whereby the appellant has been convicted for the offence under Section 396 of Indian Penal Code (hereinafter referred to as "I.P.C.") and sentenced to undergo imprisonment for life. However, the co-accused, Munna has been acquitted.

3. The facts of the case as unfolded by the prosecution are that on 12.09.1985, the complainant, namely, Sundar Lal S/o Gaya Prasad lodged a complaint that bhajan kirtan was going on till about 1:30 AM, thereafter, they slept and the other persons of the village went to their respective houses, in the meantime, about 10-12 bad elements armed with lathi, ballam, addhi (handmade pistol) and gun came and tried to open the door, when they did not open the door then one of the bad elements jumped the wall, came inside the house and opened the kundi and the other persons accompaning him also entered i