P.K.Deb, J.

1. All the four appeals have been heard analogously and are going to be disposed of at a time as all the four appeals have arisen out of the same and common judgment of conviction passed by Shri Jiwan Tigga 7th Additional Sessions Judge, Palamau at Daltonganj, in Sessions Trial No. 512 of 1988 convicting all the eight accused appellants under Sec. 395 of the Indian Penal Code and the accused appellant Baldeo Singh [Criminal Appeal No. 19/90 (R)] and accused appellants Rajdeo Singh, Prabhu Singh, Birbal Singh, Sunil Singh alias Dhirendra Singh [Criminal Appeal No. 340 of 1989(R)] and accused appellant Bikrama Singh [Criminal Appeal No. 342 of 1989(R)] have further been convicted under Section 412 of the Indian Penal Code and they have been sentenced to undergo rigorous imprisonment for life under Sec. 395 of the Indian Penal Code and above six accused appellants have been sentenced to undergo rigorous imprisonment for ten years under Sec. 412 of the Indian Penal Code. All the sentences have been ordered to run concurrently.

2. A road robbery was alleged to be committed on 15-2-1988 at 9-15 a. m. at village Ramkanda Nawadah Road in Harhi Jungle within Chainpur police station in the district Palamau.

3. The prosecution story as revealed from the first information report (Ext. 11) lodged by the informant Raghubir Sao (PW 7) on 15-2-1988 at about 11 a. m. at Chainpur Police Station was that on 15-2-1983 at 945 a. m. while he was going to his Bhandar at village Kuadaga on his Motor Cycle carrying his D. B. B. L. Gun, he found that the road was blocked with holders at Harhi Jungle and a man was found standing at the spot. While he tried to cross the road by the side of holders, the man who was standing there gave a, Lathi blow on the head as a result of which he fell down on the ground and then several dacoits came from the hide out of the Jungle, snatched away his gun and assaulted by fists and blows and a knife was burried on him causing injury just above his neck. The dacoits also had taken away his cash to the tune of Rs. 482 out of his pocket. According to him, there were nine dacoits having been armed with big guns and country-made pistol, knife etc., and were young m age. Some dacoits were wearing Lungi, Fullpant, Sweater, Chust Pajama and some of them were having covered their faces with Towels and Shawls and they were speaking in local language. It had further been alleged that the dacoits had also looted the passers-by about 20 to 25 in numbers and after robbing them all got them seated behind the bush by the side of the road and from the conversation of the dacoits it could be understood that they were waiting for bus to come so that they could have a big robbery. The informant further claimed that he could identify some of the dacoits. Chainpur Police Station registered a case on the basis of the Fardbeyan and started investigation.

4. From the materials on record it reveals that on 18-2-1988 from the informer the police could get some clues regarding the dacoits and their names even and, accordingly the police party raided the houses of those persons and recovered booties of dacoity, namely D. B. B. L. gun and several watches etc. Except the accused Rabindra Singh alias Thikedar Singh, Sideshwar Singh alias Shakti Singh and Prabhu Singh, all other accused persons were arrested on 19-2-1988 and have been produced before the Court on 21-2-1988. Accused Rabindra Singh alias Thikedar Singh, Sideshwar Singh alias Shakti Singh and Prabhu Singh surrendered themselves before the learned Chief Judicial Magistrate, Palamau at Daltonganj on 23-8-1988. The other accused Rameshwar Singh could not be apprehended.

5. Test identification parade was held in respect of the identification of the docoits on 9-3-1988 and on 25-3-1988 another Test Identification Parade was held in respect of the articles recovered from some of the accused persons. After investigation, charge-sheet was submitted against all the accused pers