JUDGMENT :

Manoj Misra, J.

1. This appeal is against the judgment and order dated 03.08.1983 passed by Special Judge, Badaun in Sessions Trial No. 318 of 1981 thereby, convicting the appellants under Sections 396 I.P.C. and sentencing them to imprisonment for life. The appeal was filed by seven persons, namely, Prem, Mohar Singh, Ramesh, Banwari, Bhagwan Singh, Rajendra and Rajpal. Out of them, appellant no.1 (Prem); appellant no.3 (Ramesh); and appellant no.4 (Banwari) have died and their appeal was abated by order dated 20.11.2015. Therefore, this appeal survives for appellant no.2 (Mohar Singh son of Nathu); appellant no.5 (Bhagwan Singh son of Happu); appellant no.6 (Rajendra son of Happu); and appellant no.7 (Rajpal son of Khannu).

INTRODUCTORY FACTS

2. On an oral report made by Ganga Sahai (PW-1), a first information report (FIR) (Exb. Ka-1) was registered on 16.05.1980, at 22:00 hours, as Case Crime No. 96 of 1980, under Section 395/397 I.P.C., at P.S. Sahaswan, district Budaun, against twelve persons out of whom, eight persons, namely, Gajram (not put to trial as he had died), Prem (appellant no.1 -died during appeal), Mohar Singh (appellant no.2), Ramesh (appellant no.3 -died