(1.) All the three Appeals arise out of a common judgment dated 07.08.1999 passed by the IVth Additional Sessions Judge, Bilaspur in Sessions Trial No. 466/1996 convicting the Appellants for the offence under Section 396 of IPC and sentencing them to undergo life imprisonment with fine of Rs.1,000/ - with default stipulations.
(2.) Brief facts of the case are that FIR Exhibit P -22 was lodged by PW - 13 Chatur Kumar Sahu on 30.12.1994 at 4.30 a.m. stating that at around 2 a.m. six persons armed with knife, Lathi and revolver entered into his house and after switching on the light of the room committed dacoity. In the course of dacoity, they attacked his uncle Chhedilal with Lathi and by firing with country made pistol causing grievous injury on his intestine. Meanwhile, due to the noise created the Appellants ran away and took Rs.1,000/ - in cash from the pocket of a shirt. His uncle Chhedilal succumbed to the injuries while being taken to the hospital. While lodging the FIR, the complainant has stated that though he does not know the persons intruded into his house but if seen, he can easily recognize them.
(3.) During the course of investigation, on suspicion, Appellant Atal was taken into custody and in the course of interrogation, he is said to have confessed of having committed the offence along with other accused persons. On the basis of his memorandum statement Exhibit P -8, recovery of a country made pistol, an empty brass cartridge and one hundred rupee note were made vide Exhibit P -11. Later on, in the course of investigation, seven accused persons namely Atal, Nemsingh, Samaylal, Lalji, Patwari, Premchand and Saheb Das were also arrested. After the other accused persons were arrested, during interrogation, each of them is said to have given memorandum statement. On the memorandum statement of accused Samaylal marked Exhibit P -9, a Gupti (knife) and one hundred rupee note were seized vide seizure memo Exhibit P -12. Likewise, on the memorandum statement of Lalji marked Exhibit P -10, a Sabal (an iron rod) and eighty rupees cash were seized vide seizure memo Exhibit P -13. Similarly, on the memorandum statement of accused Premchand Exhibit P - 25 a jerkin black colour was seized vide seizure memo Exhibit P -7. He is said to have kept the knife with him which was seized in another offence. The Test Identification Parade (for short 'TIP') Exhibit P -23 was conducted wherein the complainant is said to have identified the present Appellants but could not identify the other accused persons. Finally, vide the impugned judgment the trial Court giving the benefit of doubt to the persons who could not be identified in the TIP acquitted them from the charges under Section 396 IPC, however, as the Appellants were identified by the complainant during the TIP, they were convicted leading to the filing of the present Appeals.