State of U. P. has preferred these appeals against the appellate order of acquittal recorded by the then Additional District and Sessions Judge, Saharanpur on 7-10-1978. 2. During the pendency of appeal respondent, Budh Ram, of appeal No. 102 of 1979, died. The appeal was ordered to abate against him on 11-9-2000. 3. Sri Ratan Singh learned A. G. A. for the State and Sri Shashi Shekhar Tiwari, learned counsel for the respondents have been heard. 4. P. W. 1, Dharmpal Sharma was residing in the house of his relation Vishnu Dutt in village Madhav Nagar, police station Kotwalii, district Saharanpur. In the night of 12-3-1978 at about 2. 30 a. m. four robbers entered in the house and assaulted him with lathi-danda. On his alarm Vishnu Dutt, his wife Kanka Devi and daughters Nutan and Baibal awoke and tried to save the informant Dharmpal. Vishnu Dutt was also assaulted by the robbers. The robbers looted the properties and were seen in the electric light which was available in the house. The report was lodged at police station Kotwali on 12-3-1978 at 3. 35 a. m. 5. The informant Dharampal gave a list of looted articles to the Investigating Officer. It appears that on 24-4-1978 Budh Ram (since dead ). Nanda and Pancham were arrested from the hut which was near the brick kiln of one Inder Pal Bhatiya. Some old clothes were recovered. The above three accused were lodged in Jail on 25-4-1978. They were put up for identification on 16-6-1978. All the three were identified by the informant Dharampal, Baibal and Nutan. 6. The respondents have denied the prosecution case. They have stated that they were working as labourers in the brick kiln of Indra Pal Bhatiya. Their wages for three months was not given and when they demanded the same, they have been falsely implicated in this case. 7. The solitary witness examined in the case is Dharam Pal, P. W. 1. In the F. I. R. no accused has been named. The features of the miscreants have also not been mentioned. The F. I. R. only mentions the factum of robbery, assault made on the informant and Vishnu Dutt and that the properties were looted. Except the written report no paper has been proved by the prosecution during the trial. In the F. I. R. no accused has been named. The features of the miscreants have also not been mentioned. The F. I. R. only mentions the factum of robbery, assault made on the informant and Vishnu Dutt and that the properties were looted. Except the written report no paper has been proved by the prosecution during the trial. The identification memo of the accused persons as well as memo relating to identification of the properties having not been proved remains a water paper. The investigating officer was also not examined during the trial. There is no evidence on record as to how suspicion fell on the three accused of the case and what led the investigating officer to arrest them on 24-4-1978. In the list of looted properties several ornaments also find place. The recovery of used clothes alleged to have been made on the pointing of the accused persons from their hut, which was situated in the brick kiln of the Indra Pal Bhatiya appears to be a concoction. The appellate Court has adverted to the above fact in the great detail and for cogent reasons has not accepted the alleged recovery of the clothes. The alleged identification parade of the accused persons had taken place after three months of the robbery. It has been stated that identification memo has not been proved. Moreover, the identification of the accused persons also appears to be a farce because in the absence of any feature having been mentioned in the written report, the identification made by the P. W. 1 and others cannot be accepted. The accused persons during the identification parade have stated that they were shown to the witnesses at the police station and that photograph was also taken. 8. The record shows that the accused persons had denied the prosecution case and stated the false implication at the instance of Indra Pal Bhatiya where they were working as labourers. In the above back ground the alleged confession made by the accused persons when they were examined under Section 313 Cr. P. C. was not worth reliance as was done by by the trial Court. The appellate Court rightly ignored it in view of the affidavits filed by the accused persons denying to have made any confession. 9. There is no evidence worth reliance on record to sustain the conviction of the accused persons. P. C. was not worth reliance as was done by by the trial Court. The appellate Court rightly ignored it in view of the affidavits filed by the accused persons denying to have made any confession. 9. There is no evidence worth reliance on record to sustain the conviction of the accused persons. The appellate Court by the impugned judgment and order has rightly allowed the appeals and has rightly set aside the conviction. 10. No case for interference with the appellate order of acquittal is made out. The appeals have got no force and are accordingly dismissed. 11. The accused-respondents Nanda and Pancham, of Government Appeal Nos. 104 of 1979 and 105 of 1979 are on bail. Their bail bonds are cancelled and sureties discharged. Application dismissed. .