JUDGMENT - VISHNU SAHAI, J. :---Since both these criminal appeals arise out of a common incident, we propose disposing them of by a common judgment.

2. Vide judgment and order dated 20th October, 1993 passed by Shri S.B. Sonar, Additional Sessions Judge, Greater Bombay, in Sessions Case No. 426 of 1987 the appellants were convicted and sentenced in the manner stated hereinafter :

Appellant Ramcharan Bhudiram Gupta :---i) Under section 394 I.P.C. to 6 years rigorous imprisonment;

ii) Under section 392 I.P.C. read with 34 I.P.C. to 6 years rigorous imprisonment ; and

iii) Under section 452 read with 34 I.P.C. to 5 years rigorous imprisonment and to pay a fine of Rs. 2000/-, in default to further under-go rigorous imprisonment for one year.

Appellant-Amarsingh @ Babusingh s/o Santoshsingh Thakur :---i) Under section 394 I.P.C. to 8 years rigorous imprisonment;

ii) Under section 392 read with 34 I.P.C. to 7 years rigorous imprisonment and to pay a fine of Rs. 2000/- and in default of payment of fine to further undergo rigorous imprisonment for one year;

iii) Under section 392 read with 397 I.P.C. to 8 years rigorous imprisonment; and

iv) Under section 452 I.P.C. to 7 years rigorous imprisonment and to pay fine of Rs. 1000/- and in default of payment of fine to further under-go 6 years rigorous imprisonment.

The substantive sentences of both the appellants were ordered to run concurrently.

It is these convictions and sentences of the appellants which have been challenged in these two connected Criminal Appeals.

3. According to the prosecution, on 1-9-1986, between 12.15 to 12.45 hours, at Flat No. 5

Usha Sadan, Woodhouse Road, Colaba, Bombay-5, a daring robbery took place, during the course of which gold ornaments, one two in-one tape recorder, and wrist watch etc. belonging to Mrs. Theresa Juliar Hill P.W. 1 were looted. It is alleged that unknown miscreants participated in the robbery and one of them who was armed with a knife during the commission of robbery, inflicted grievous hurt with it on the person of Mrs. Theresa Hill. After committing the robbery, the miscreants are said to have run away.

4. The F.I.R. of the incident was lodged on 1-9-1986 at 2.30 hours by Mrs. Theresa Julius Hill at police station Colaba, against three unknown persons. On the basis of the F.I.R., C.R. No. 697 of 1986 was registered at police station Colaba by S.I. Bhagwan Sawant P.W. 4. He sent the

informant who was in an injured condition for medical examination to St. Georges Hospital.

5. The injuries of the informant were immediately examined the same day at 2.15 p.m. by P.W. 2 Dr. Prakash Nalte. Dr. Nalte found that she had the following injuries on her person :-

"Contusion below left eye. CLW right little finger, abrassion on the right side of the neck 1" x 1". Contusion on the left side of the neck and abrassion on the right fore hand ½" x ½".

Dr. Nalte stated in the trial Court that the said injuries were possible by any hard blunt weapon.

6. On 11-11-1986, the appellants were arrested in connection with Crime No. 439 of 1986 of police station, Vakola. Their interrogation revealed their complicity in the present case.

7. The investigation of the case was conducted by Madhav Manechandar in P.W. 3 Special Officer at Colaba Police Station and P.I. Vikram Marathe, P.W. 11 of Police Station Vakola.

P.W. 3 Madhav Machindar on 1-9-1986, visited the scene of offence and prepared the spot panchanama etc. He recovered the knife which was lying there under a panchanama.

8. On 12-11-1986, P.I. Vikram Marathe requested the Special Executive Magistrate, P.W. 6 Bagambal Shetty on phone to hold the test identification parade of the appellants co-accused Medha Jagganath Dhobi and Mary Miachel the same day. He also telephonically informed the informant Mrs. Theresa Hill about this test identification. The same day. P.W. 6 Bagambal Shetty, came to police station Vakola and held two parades viz. one in connection with the appellants and Medha Jagganath Dhobi and the other with th

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