JUDGMENT :

1. The present criminal appeal has been preferred under Section 374 Cr.P.C. by Rama Shanker son of Ram Soorat and Asghar son of Akbar Ali against the judgment and order dated 25.08.1982 passed by 5th Additional District and Sessions Judge, Ghaziabad in Sessions Trial No. 204 of 1981 convicting and sentencing the appellants under Section 395 IPC to five years rigorous imprisonment along with fine of Rs. 2,000/-each and in default of payment of fine, six months further rigorous imprisonment. The trial court has given the set off to the accused under Section 428 Cr.P.C.

The appellant no.1/Rama Shanker was acquitted of the charges levelled against him under Section 397 IPC and Section 25/4 of the Arms Act. The appellant no.2/Asghar was acquitted of the charges levelled against him under Sections 397 and 412 IPC.

2. The First Information Report of the present case was lodged on 26.02.1981 at about 10:05 pm at Police Station Sihani Gate, District Ghaziabad by Gyan Chand PW-1 who gave Tehrir which is Exb: Ka-1 for the same.

3. The First Information Report was lodged as Case Crime No. 114 of 1981, under Section 395 IPC against Rama Shanker, Santram, Nanhey, Hari Shanker, Asghar, Yun