ARUN KUMAR Vs. STATE OF C.G.

JUDGEMENT

(1.) Since both these appeals arise out of a common judgment, they are disposed of by this common judgment. These appeals are directed against judgment dated 31.12.2009 passed by Sessions Judge, Korea (Baikunthpur) in Sessions Trial No. 83 of 2008. By the impugned judgment, the learned Sessions Judge convicted appellants Arun Kumar and Mohd. Islam @ Baban under Sections 450 and 394 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 500/-, rigorous imprisonment for ten years and to pay fine of Rs. 500/-, respectively; in default of payment of fine, to further undergo simple imprisonment for three months for each count; with a direction to run the sentences concurrently.

(2.) Case of the prosecution, in brief, is as under:

(3.) Mr. Mateen Siddiqui and Mr. Rishi Rahul Soni, learned counsel appearing for the respective appellant submit that the appellants have been falsely implicated. None of them participated in the crime. Identification of the appellants is highly suspicious. The incident took place in the night, therefore, it was not possible to identify them. Peeran Bee (PW-8) was, on the date of incident, an old lady of 80 years age, therefore, it was not possible for her to identify the appellants in the night. Looking to the evidence of Dayashankar @ Guddu and Imran @ Pinku, the appellants were shown to the prosecution witnesses before the identification parade. Therefore, identification parade is suspicious and cannot be based for conviction. Learned counsel for the appellants placed reliance on Moushir Khan Vs. State of M.P., 2010 2 SCC 748.