IMPORTANT POINT
Where witnesses had opportunity to see features of accused in robbery case committed at petrol pump and one of the robbers was arrested on spot on whose disclosure appellant-accused was arrested, conviction could not be disturbed only because of absence of Test Identification Parade.

JUDGMENT

Dhirendra Mishra, J.—This criminal appeal is directed against the judgment of conviction and order of sentence dated 16th March 2005 passed in S.T. No. 270/03 whereby learned XIV Additional Sessions Judge (FTC), Raipur has convicted the appellant under Sections 458, 394 read with Section 397 of the Indian Penal Code and under Section 25(1)(a) read with Section 27 of the Arms Act and sentenced him to undergo RI for five years, pay a fine of Rs. 2,000 and in default thereof to undergo additional RI for one year, RI for seven years, pay a fine of Rs. 5,000 and in default thereof to undergo additional RI for fifteen months and to undergo RI for five years, pay a fine of Rs. 2,000 and in default thereof to undergo additional RI for one year, respectively. All the sentences have been directed to run concurrently.

2. Case of the prosecution, in brief, is that on 16.3.2003 at about 10.20 p.m. when complainant Aasif Khan, cashier of the petrol pump and other employees namely Rajjan Shukla, Vijay Singh, Ramesh Vishwakarma, etc. were present in the petrol pump, one person came in their chamber and asked about some address and thereafter went from there with the person who had come with him. Both of them again came there around 10.30 and demanded Rs.1,000 and on refusal by complainant Aasif Khan, both of them took out country made pistol (Katta) and started demanding money. Another person who was fatty fired on the ground. At that time employee of the petrol pump Ramesh came forward, whereupon the fat person assaulted him with the butt of the country made pistol and closeted the employees of the pump in a room. The fat person placed pistol against head of the complainant whereas the other thin and tall person started taking out money from the drawer. At that time employees of the pump came there and the person who was taking out money started running away. He was chased by the boys and was overpowered. However, the second robber managed to flee from there. The other robber was tall having long teeth. The fat person identified himself as Jabbar whereas he informed that his accomplice was Arjun Thapa.

3. The accused persons looted a sum of Rs. 8,199. The complainant had sustained injuries on his left arm. The written report was lodged vide Ex. P1 by complainant Aasif Khan (PW1). In the above incident Ramesh Vishwakarma and Aasif Khan sustained injuries and they were sent for medical examination to Ambedkar Hospital, Raipur where Dr. S. Bosh examined them and gave his reports of Ex. P12 and P14. In the test identification parade conducted by Subhash Tiwari, complainant Aasif Khan (PW1) identified Irfan Khan vide Ex. P3 and in the test identification parade conducted by K.K. Sharma, Executive Magistrate, the complainant identified appellant Arjun Thapa vide Ex. P4. One country made pistol, three live cartridges of 315 bore, cash amount of Rs. 6,910 were taken into possession vide Ex. P6 from the appellant whereas one empty of 315 bore and broken bullet of brass were taken into possession from the place of incident vide Ex. P7. Recovery of bag, pant, shirt etc. were also made from co-accused Irfan Khan vide Ex. P9.

4. After completing investigation charge-sheet was filed against the appellant, co-accused Irfan Khan and Gullu @ Jabbar in the Court of Judicial Magistrate First Class, Raipur and the same was received on transfer for trial by the learned Additional Sessions Judge. However, from perusal of the record it appears that accused Jabbar absconded during pendency of the trial.

5. During trial the prosecution examined 14 witnesses in all. Thereafter, statements of the accused persons were recorded in which they denied the evidence appearing against them in the prosecution case and pleaded innocence and false implication. The appellant also took a defence that as owner of the petrol pump is an influential political person, there was a dispute between Jabbar and employees of the petrol pump in relation to filling of petrol, marpett