Hon'ble B.C. Kandpal, J.

This criminal appeal has been preferred against the judgment and order dated 2.8.1989 passed by District & Sessions Judge, Tehri Garhwal in Sessions Trial No. 29 of 1988, State vs. Dhanesh Kumar and Sunder Lal, thereby convicting the appellant Sunder Lal u/s 457 I.P.C. awarding sentence of one year R.I. and appellant Dhanesh Kumar u/s 457 and 376 I.P.C. for the sentence of one year and 7 year R.I. respectively.

2. Briefly stated the prosecution case is that Manmathan (PW-2) has been running Bhuvneshwari Mahila Ashram at Anjanisain, District Tehri Garhwal for 18 years. He is founder and Secretary of this Ashram in which unemployed women and orphan children reside. Sulochna and Pramila PW-4 are residing in this Ashram. He appointed Dhanesh accused as Supervisor to train these women and orphan children. Sunder Lal accused was also serving in the said Ashram and was removed from service by Swami Manmathan (PW-2). He lodged a report of theft against the accused Dhanesh in December, 1987 in which he was arrested. On 11.1.1988 at about 5 p.m., accused armed with a Khukri and a danda arrived in the inspection house of the Ashram and demanded stipend. Swami