IMPORTANT POINT: Conviction cannot be based solely on the identity of the dacoits by the witnesses in the test identification parade.

1. As these five appeals arise out of the same judgment and order, with the consent of learned advocates appearing for the respective parties, they were heard together and are being decided by this common judgment.

2. These appeals arise out of the same judgment and order dated 1.7.2000 passed by the learned Additional Sessions Judge, Rajkot, in Sessions Case No.190 of 1998 whereby the present appellantsoriginal accused were convicted and sentenced to undergo SI for seven years with fine of Rs.5,000/- each, in default, to suffer further RI for six months for the offence punishable under section 395 of Indian Penal Code (hereinafter referred to as “IPC” for short). Criminal Appeal No.678 of 2000 has been filed by original accused Nos.2,3,7 and 8, Criminal Appeal No.801 of 2000 has been filed by original accused No.1, Criminal Appeal No.853 of 2000 has been filed by original accused No.4, Criminal Appeal No.859 of 2000 has been filed by original accused No.6 and Criminal Appeal No.918 of 2000 has been filed by original accused No.5.

3. Short facts of the case of the prosecution are that a Metador of the ownership of the complainant- Yusufbhai Mushabhai Sandhi used to ply between Rajkot- Mahuva for transportation of evening newspaper “Akila” from Rajkot to Mahuva in which Ejaj Sabir was the Cleaner. On their return from Mahuva to Rajkot, carrier boys of Maruti Courier namely, Manjibhai Gordhanbhai and Poonam Courier namely, Rajeshbhai Suryakantbhai Shah used to travel with their courier bags in the said metador. On 9.7.1998 at about 8.15 p.m., Manjibhai Gordhanbhai of Maruti Courier boarded the said metador from Savarkundla with three bags and Rajeshbhai Suryakantbhai Shah of Poonam Courier boarded from Amreli with three bags. Five other passengers(accused) also boarded from Amreli and at about 9.15 p.m., they left Amreli for Rajkot. When they reached Village Jungvad on Bhavnagar-Rajkot Highway, one of the five passengers sitting on the rear seat of the driver’s side suddenly placed a knife at the neck of the complainant and rest of the five passengers showed knife to carrier boys and Cleaner to stop the vehicle. Upon stopping the vehicle, a black coloured Tata Sumo stopped ahead of the metador and two persons armed with sword and knife got down from the said Tata Sumo and asked the complainant to get down from the metador and committed dacoity after taking them to the nearby field by tying their hands and legs. All the seven accused thereafter ran away towards Jungvad in the Tata Sumo. Thereafter, the complainant and two carrier boys came to Atkot in chhakdo rickshaw and the complainant informed press reported Vijaykumar Hemrajbhai of Atkot which was passed on to Assistant Superintendent of Police, Gondal and D.S.P., Rajkot(Rural) and requested to take immediate action for overpowering the dacoits. The complainant then went to Atkot Outpost falling under Jasdan Police Station and recorded his complaint on 10.7.1998 at 1.00 a.m. In pursuance of the said complaint, investigation started and the accused were arrested. As there appeared prima facie case against the accused, a charge sheet was filed against them. Thereafter, charge was framed against the accused. The charge was read over and explained to the accused. The accused pleaded not guilty to the charge and claimed to be tried.

3.1 To prove the guilt against the accused, prosecution examined as many as twentyone witnesses. The prosecution also relied on several documentary evidence. After filing of closing pursis by the prosecution, further statements of accused under Sec.313 of Cr.P.C. were recorded.

3.2 On conclusion of trial and upon hearing the learned advocates appearing for the respective parties, impugned judgment and order as aforesaid in the earlier part of this judgment was delivered giving rise to the present appeals by the original accused.

4. Heard learn