JUDGMENT :

SANJAY KUMAR SINGH, J.

1. This criminal appeal has been preferred by the appellant, namely, Rajendra Singh against the judgment and order dated 16.12.1986 passed by Special Judge (E.C. Act), Budaun in Sessions Trial No. 24 of 1985 (State vs. Rajendra and Others) arising out of Case Crime No. 4 of 1984, under sections 363, 366, 368 and 376 IPC, police station Ughaiti, district Budaun, whereby the accused appellant-Rajendra Singh has been convicted and sentenced to four years’ rigorous imprisonment under section 366 IPC.

2. However, by the same order, the learned Special Judge acquitted the co-accused persons, namely, Sukkhi, Smt. Ramkali and Room Singh under Section 363 and 366 IPC and Sunder, Ram Bharosey, Chandra Pal, Smt. Tikola alias Ganga Devi, Gokil, Smt. Mallo and Smt. Lareti under section 368 IPC.

3. In short compass, the facts of the case as unfolded by the prosecution in the first information report lodged by the informant, Man Singh on 07.01.1984 at about 12.30 PM at the police station Ughaiti, Sahaswan district Budaun are that on 14.12.1983 at about 6.00 AM accused, Rajendra (present appellant), his father Sukkhi, Smt. Ramkali (first wife of Sukkhi and real mother