The reliability of the identification parade, the proven recoveries, and the alleged delay in filing the F.I.R. were central legal points established in the judgment.

1. - These three appeals arise out of two judgments of the Special Judge (Dacoity Affected Area) & Additional Sessions Judge, Dholpur in Sessions Case No. 8 of 1996 arising from one and same F.I.R. The charge - sheet in this case for the offence punishable under Section 395/396 IPC was submitted by the police after investigation against these three appellants, but subsequently the accused appellant Murari had absconded and the trial against the two accused appellants in Criminal Appeals No. 396 of 1998 and 550 of 1998 continued. They have been convicted under the judgment and order dated 24th of April, 1998 for the offence punishable under Sections 395 and 396 IPC and sentenced to undergo life imprisonment and a fine of Rs. five thousand each, in default of payment of fine to further undergo two years, rigorous imprisonment.

2. After this decision, the accused appellant in D.B. Criminal Appeal No. 834 of 2001 jointed the trial and the learned trial court under its judgment and order dated 8th of October, 2001 convicted and sentenced to him for the offence under Sections 395 and 396 IPC and ordered to undergo imprisonment for life and a fine of Rs. five thousand, in default of payment of fine to further undergo two years, rigorous imprisonment. Thus these appeals are taken up for hearing together.

3. From the record we find that in the matter the evidence upto PW-4 is common. Statements of the witnesses from PW-5 to PW-12 were recorded during the period when other accused Murari was absconding. On his surrender the statements were recorded of witnesses from PW-5 to PW-20.

4. The facts of the case are that Upendra Sharma, (PW-1) submitted a written report (Ex.P2) to the S.H.O.. Police Station Kolari, District Dholpur on 21st of December, 1995 camp at Hospital, at 6.30 AM. On the basis of this report, FI.R. (EX.P13) was chalked out at Police Station Kolari and criminal case No. 279 of 1995 was registered under Sections 395, 396 and 397 IPC against five to seven unknown miscreants.

5. In the report Ex.P-2 it is alleged that on 20th of December, 1995 in the evening at 5.00 PM the complainant accompanying his elder brother Satyendra, Kanta Prasad Sharma, Raghunath son of Gopi Chand were going on a tractor from village Mania to their village Shastnagar. When they approached the bank of river `parvati'. they were stopped by five to seven persons who were having with them guns and `kattas'. They started looting. The complainant was robbed of Rs. two thousand and a watch. Kanta Prasad and Raghunath were also robbed of their money. Satyendra who resisted was caught hold of by one of the robbers and another fired at him. Satyendra fell down. The complainant and others tried to help him, in the meanwhile the miscreants/robbers by firing in air, made them scar, (sic scare)

6. Injured Satyendra was taken to the Dholpur Hospital where he was declared dead.

7. During investigation, site plan of place of incidence was prepared. Corpse of deceased Satyendra was subjected to autopsy and the report of the same was obtained. Inquest report of the dead body was prepared. Accused appellants were taken into custody. Their identification parade was conducted by the Magistrate before the eye witnesses at the District Jail, Dholpur. Recoveries were made from the accused persons.

8. After completion of investigation, a charge sheet was submitted against the accused appellants in the Court of Additional Judicial Magistrate, 1st Class, No.2, Dholpur. Cognizance was taken for the offences under Sections 395, 396 and 397 IPC. As the case was triable exclusively by the court of Sessions, the same was committed to the Special Court (Dacoity Affected Area), Dholpur on 25th June, 1995.

9. The learned trial court framed the charges against the accused appellants for the offences punishable under Sections 395 and 396 IPC.

10. In the trial against the accused appellants, the statements of following persons were recorded,

1. Upendra Kumar (PW-1)

2. Raghunath (PW-2)

3. K