JUDGMENT :

1. Heard Smt. Nisha Srivastava, learned counsel for the appellant, Sri Yugal Kishore, learned A.G.A. for the State and perused the material brought on record.

2. By means of this criminal appeal, the sole appellant-Daya Ram Pasi has challenged the order dated 22.03.2008 passed by learned Additional Sessions Judge, Court No.29, Barabanki in S.T. No.192 of 1993 arising out of Case Crime No.10 of 1991, under sections-395/397 I.P.C., Police Station-Ram Nagar, District-Barabanki, whereby the accused-appellant has been convicted and sentenced for seven years rigorous imprisonment with fine of Rs.10,000/-.

3. The facts relating to this appeal are as below:-

* As per prosecution case, the first informant-Bhai Lal, on the basis of hand written tehrir, got lodged an F.I.R. The tehrir said that the previous night at about 1:00 a.m., some burglers, with the help of a bamboo climbed over his roof and intruded inside to commit theft. Hearing some noise, his wife woke up and raised alarm. The first informant tried to catch hold of them, but they roughed him up with the danda held by them; they were seven persons. The first informant could see their faces in the light of lantern; they also