JUDGMENT :

Raj Beer Singh, J.

1. This appeal has been preferred against the judgment and order dated 15.12.1981, passed by the IVth Additional Sessions Judge, Bijnor in S.T. No. 111 of 1979 (State vs. Birju and others), under Sections 395, 397 and 412 IPC, whereby appellant Birju and co-accused Om Prakash, Umesh Kumar and Faiza were convicted under Section 395 IPC and they were sentenced to eight years rigorous imprisonment along with fine of Rs. 2,000/-under Section 395 IPC. In default of payment of fine, the accused-appellant has to undergo six months additional rigorous imprisonment.

2. During hearing of this appeal, a report was called from the office whether any appeal of co-accused Om Prakash, Umesh Kumar and Faiza is pending and it was reported that as per the official website data, only present appeal has been preferred against ST No. 111 of 1979, and no other appeal relating to S.T. No. 111 of 1979 is pending.

3. Case of prosecution is that on 09.01.1979 one State Transport Bus No. U.S.T. No. 5205 was being plied by driver Hari Singh from Dehradun to Kotdwar. At around 17:00 hours the bus started from Haridwar to Najibabad and at around 18:25 hours when the said bus reached at