JUDGMENT :

SUNITA AGARWAL. J

1. Heard Sri Amrish Sahai learned Advocate for the appellant and Sri Patanjali Mishra learned A.G.A for the State.

2. This appeal is directed against the judgment and order dated 06.02.1984 passed by the Second Additional Sessions Judge, Fatehpur in Sessions Trial no.145 of 1993 arising out of Case Crime no.139 of 1982 under Section 396 IPC, P.S-Malwan, District-Fatehpur whereby sole appellant Rakesh has been convicted for the offence punishable under Section 396 IPC and sentenced to undergo imprisonment for life.

3. The first report of the incident was given in writing by P.W-1-Naresh Chandra s/o Jagdish Chandra, a driver of the truck no.3901 URQ. The averments in the said report are that the first informant was driver of the aforesaid truck and on 14.10.1982, at about 2.00 a.m., while they were going to Bhogaon from Varanasi, three persons namely Suresh Chandra s/o Matadeen (second Driver) Shyam Singh s/o Puselal (Cleaner) and one Ram Sewak Dubey were sitting in his truck. At about 2.00 a.m., when they reached near the village Allipur in a convoy, about 3 kms away from the said village, the road was blocked by placing branches of Babool tree across the ro