JUDGMENT :

AJAI TYAGI, J.

1. This appeal has been preferred against the judgment and order passed by Additional Sessions Judge/Special Judge (Dacoity Affected Area), Lalitpur in Sessions Trial No. 03 of 1998 (State vs. Basant Lal and Another) under Sections 147, 342/149, 395 IPC, by which accused appellants-Basantlal Pal and Ghanshyam were convicted under Sections 394 and 342 IPC and sentenced for 10 years RI and Rs. 10,000/- fine under Section 394 IPC and one year RI under Section 342 IPC. During the pendency of this appeal, Ghanshyam- appellant No. 2 died and appeal was abated against him.

2. In this case, initially First Information Report bearing Case Crime No. 23/1993 was filed against five accused persons namely, Basantlal Pal, Ghanshyam, Ram Narain, Rajendra Singh and Rameshwar Dayal (all police personnel). Investigating Officer filed final report in court due to not finding any evidence. Final report was accepted by learned Magistrate against which a revision was preferred before learned Sessions Judge. Learned Sessions Judge, allowed the revision and directed the learned Chief Judicial Magistrate to decide the matter afresh. Learned CJM took cognizance. In the meantime, compl