JUDGMENT :

1. Heard Mr. Dharam Pal Singh, learned Senior Counsel assisted by Sri Siddharth Niranjan, learned counsel for the appellants and Sri Vinod Kumar Singh Parmar, learned AGA for the State.

2. Present Criminal Appeal under Section 374(2) of the Cr.P.C. has been preferred by accused-appellants Mohan Lal and Sanjay Kumar against the judgment and order dated 5.3.1991 passed by Special Judge, D.A.A. Kanpur Dehat in Special Sessions Trial No.33 of 1990 (State Vs. Mohan Lal and Another), whereby accused-appellants were convicted u/s 394 IPC and sentenced to three years rigorous imprisonment.

PROSECUTION STORY:

3. On the basis of written report dated 29.9.1989 (Ex.Ka-1), an FIR was lodged by informant Pratap Singh s/o Raghuveer Singh with the allegation that in the night of 28/29.9.1989 at about 11:45 PM, when the informant was sleeping along with his family members in his house, four miscreants are stated to have climbed up to the roof of his house and started stealing the articles. Two of the miscreants are stated to have taken the boxes of his daughter-in-law with them to the roof of the house and the other two miscreants were in the courtyard of the house. The informant and the inm