CRIMINAL APPEAL No. 1671 of 2007 at Lucknow

Neutral Citation No. - 2026:AHC-LKO:21071 HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 1671 of 2007 Chaitu @ Kuber …..Appellant(s) Versus State of U.P. …..Respondent(s) Counsel for Appellant(s) : Abdul Rafey Siddiqui, Rehan Ahmad Siddiqui Counsel for Respondent(s) : Govt.advocate, Court No. - 28 HON'BLE PRAMOD KUMAR SRIVASTAVA, J. 1. Heard learned counsel for the appellant and learned A.G.A. for the State. 2. The present appeal under Section 374 (2) of the Code of Criminal Procedure has been preferred against the judgment and order dated 12.07.2007 passed by the Additional Sessions Judge (F.T.C.-3), Faizabad in Sessions Trial No. 203/1996 (State Vs. Chaitu @ Kuber and others) arising out of Case Crime No. 221/1993 under Sections 379/511 I.P.C., Police Station Malipur, District Ambedkar Nagar, convicting and sentencing the appellant for the offence punishable under Section 379 read with Section 511 I.P.C. and sentenced him to one year of rigorous imprisonment and a fine of Rs. 1,000/- with default stipulations. 2 CRLA No. - 1671 of 2007 3. The prosecution case is that on the night of 20/21.12.1993, at approximately 12:00 midnight, five thieves arrived at a gov