Judgement

B.C. RAY, J.:- This appeal by special leave is against the judgment and order of conviction and sentence passed in Criminal Appeal No. 667-DB of 1981 by the High Court of Punjab and Haryana whereby the appeal was dismissed and conviction and sentence for life under Ss. 395 and 396 of the Penal Code were confirmed.

2. The prosecution case was that one Phool Khan deceased and Allah Baksh P.W. 4 who were residents of Rajasthan brought their sheep to Delhi and sold those through Nawab brothers of Delhi. Phool Khan received Rs. 28,000/- for sale of his animals and Allah Baksh sold his animals for Rs. 28,670/- and odd. Quim-Uddin P.W. 11, Illam Uddin, Shamshuddin and Sher Mohd. also accompanied them to Delhi from their native place. After collecting the money on 2nd March, 1981 Phool Khan deceased and Allah Baksh accompanied by Quim-Uddin P.W. 11 and their other labourers boarded Bikaner Mail from Delhi Railway Station in the same compartment. P.W. 9 Siri Ram and Narain Singh P.W. 10 were also returning to their native places. When the train Bikaner Mail moved from Railway Station Gurgaon at about 10-30 p.m. six persons emerged from the lavatory and started abusing the passengers. Of these persons two were carrying two pistols and four had knives. One of the accused caught Phool Khan from his head-hair and demanded money from him. Phool Khan replied that he had no money and further stated that he would not part with any money. The other accused who was identified by all the prosecution witnesses as Ramesh shot Phool Khan with his pistol. The accused then removed the money from the person of Phool Khan. The other accused who is identified as Shiv Charan by Allah Baksh P.W. 4 lifted the face of Allah Baksh P.W. 4, with the reverse side of the pistol. The third accused who was pointed as Rajinder by Allah Baksh cut the Neoli and removed his money. Siri Ram P.W. 9 tried to conceal his money but one accused relieved him of Rs. 100/- and wrist watch Exb. P.12. Ram Narain P.W. 10 was also awakened and was relieved of Rs. 7,000/- and the wrist watch at the point of pistol. The train stopped at Garhi Har Saran Railway Station. Two of the accused stood in the door of the compartment while the other accused got down. These accused persons threatened the occupants of the compartment with dire consequences if any alarm was raised. When the train started from Garhi Har Saran and picked up speed these two accused jumped from the running train. The train stopped at the next stoppage, that is, Pataudi Road and the occupants of the compartment informed the guard of the incident, whereby Virinder Kumar, Assistant Station Master of Pataudi Road Railway Station sent a telegram to the Station House Officer, Police Station, G.R.F., Rewari about the incident. The compartment was detached at the Railway Station. Sub-Inspector Nihal Singh P.W. 26 went to the Pataudi Road Railway Station and after inspection of the compartment prepared the inquest report on the dead body of Phool Khan. The five accused persons including the appellant were tried by the Sessions Judge under charges of Ss. 395, 396 and 412 of the Penal Code. The Sessions Judge after considering the evidences of prosecution witnesses and also of the report of test identification parade whereon P.W. 4 Allah Baksh identified all the four accused persons, found the accused persons guilty of the offences under Ss. 395, 396 and 412 of the Penal Code and sentenced each of the five accused persons to imprisonment for life both under Sec. 395, I.P.C., as well as under Sec. 396, I.P.C., and also sentenced them to rigorous imprisonment for seven years under Sec. 412, I.P.C. All the sentences shall run concurrently. Against this conviction and sentence several appeals were filed including appeal No. 667-DB of 1981 by accused Sukhdev and accused Shiv Charan. All these appeals were dismissed and the conviction and sentence under Ss. 395 and 396 of Penal Code were affirmed. The order of conviction and