1. The appellant was tried with two others for the offence punishable under S.394 and 397 Indian Penal Code. The trial court acquitted all the three accused. Their acquittal was challenged by the State before the High Court. The appeal was partly allowed by setting aside the acquittal of Al and A2 and convicting them for the offence punishable under S.394 Indian Penal Code. Acquittal of the third accused was confirmed.

2. Born the convicted accused applied for leave of this Court to file an appeal Leave was granted to petitioner No. 2 (A2) - Varghese @ Lali) only.

3. What is contended by the learned counsel for the appellant is that only evidence on the basis of which the appellant has been convicted is that of discovery of knife and gloves by him. It appears that three persons committed robbery and at that time they had concealed their faces by putting on masks and, therefore, they could not be recognised either by PW.1- Gouri or PW2 -Bindu. The appellant has been connected with the crime on the basis of recovery of knife and gloves made pursuant to the statement made by him in presence of PW8, while he was in police custody. PW8 has denied that the appellant had made su