JEEVAN Vs. STATE OF M.P

JUDGEMENT

(1.) CR .A. Nos. 3160/99, 3376/99, 13/2000 & 37/2000 have been filed against the judgment dated 4th of November, 1999 passed in Session Trial No. 389/1997 by the Fourth Additional Session Judge, Bilaspur and Cr.A. No. 73/2006 has been filed against the judgment dated 28th of December, 2005 passed in Session Trial No. 389/97 (on a subsequent trial of an absconding accused) by the First Additional Session Judge, Bilaspur.

(2.) BY the impugned judgments, the appellants have been convicted u/ss 395 and 397 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs.1,000/-; and R.I. for 7 years. Appellant - Sahebdas has been further convicted u/ss 25/27 of the Arms Act and sentenced to undergo R.I. for 1 year and to pay fine of Rs.500/-.

(3.) LEARNED counsel appearing on behalf of appellants- Jeevan (A-3), Sahebdas @ Ashwani Kumar (A-1), Chhote Kumar (A-2) and Vyas Narayan @ Anand (A-10) argued that the findings relating to identification of these appellants are perverse; There was no sufficient light to identify the assailants; Vallabh Singh (PW-8) was not in a position to identify the assailants; the 2 Test Identification Parades (T.I.Ps.) were mere formalities; therefore, they cannot be considered for corroboration of dock-identification by Vallabh Singh.