1. Heard Shri Rajesh Kumar Vishwakarma, Advocate assisted by Shri Ashish Kumar, learned counsel for the appellant, learned AGA, Shri Shyam Narayan Rai for State and perused the material on record.
2. The present appeal is preferred under Section 374 of Cr.P.C. by the accused-appellants Dwarika @ Durga Prasad and Hori Lal (died) to set aside the judgment and order dated 15.09.1988 passed by 4th Additional Sessions Judge, Budaun in Sessions Trial No.161 of 1987 under Section 436 IPC, Police Station- Raipura, DistrictBudaun, whereby the appellant no.1 has been awarded three years rigorous imprisonment under Section 436 IPC and appellant no.2 has been given the benefit of Section 4 of U.P. Probation of First Offenders Act and it was directed that he may be released on bail on furnishing a personal bond in the sum of Rs.5,000/- and two sureties each in the like amount for a period of three years to main peace and be of good conduct.