Judgment

S. M. FAZAL ALI, J.:- This appeal by Special Leave is directed against the judgment of the Punjab and Haryana High Court in which the conviction of the appellant under Section 397 to 7 years R. I., under Section 394/34 to 2 1/2 years R. I. and under Section 323 to 2 months R. I. has been upheld. The prosecution case is detailed in the judgments of the High Court and that of the trial Court. According to the complainant Bhagwant Singh he was robbed by Satbir and Daya Nand (Daya Nand acquitted accused) of a watch and a cycle. It was also alleged that the complainant was assaulted by fists and kicks by Daya Nand and also at a later stage by the appellant. F.I.R. was lodged on September 23, 1973 giving the details of the properties robbed. The appellant was arrested on 29th September 1973 and identification parade was arranged to be held on the 9th October, 1973 but the parade could not take place because the appellant refused to participate in the same on the ground that he had been shown to the witnesses. The defence of the appellant was that he had been falsely implicated and that he had not committed any offence. The High Court came to a clear finding that as P.W. 3 Bhagwan