The central legal point established in the judgment is the interpretation and application of the relevant sections of the IPC in determining the involvement of the appellants in the robbery.

1. 1. CRIMINAL Appeal No.492-SB of 1993 i will be deciding Criminal Appeal No.492-SB of 1993 and criminal Appeal No.494-SB of 1993 by a common judgment, as they arise out of the same judgment/order dated 9.11.1993 of the Additional Sessions judge, Panipat. The learned trial Court convicted Iqbal Singh son of gurbachan Singh and Gulaba son of Dalip Singh under Sections 458/394/397 IPC and sentenced them to undergo RI for seven years and to pay a fine of Rs.1,000/- each, under Sections 394/397 IPC, in default to further undergo RI for six months. Appellants/accused were also sentenced to undergo R. I. for five years and to pay a fine of Rs.500/- under section 458 IPC, in default to further undergo R. I. for six months. Sentences were ordered to run concurrently.

2. Criminal Appeal No.492-SB of 1993 the case of the prosecution is that on the intervening night of 19/20.5.1989, Rajesh Kumar along with his younger brother was sleeping on the roof of their house and their parents were sleeping in the street in front of the house. At about 1.00/2.00 a. m. Rajesh Kumar heard the dogs barking. He noticed that four persons were coming towards their house. Accused then caught hold of Jagdish and started beating him. Jagdish being the father of Rajesh Kumar. A noise was raised. Accused caught hold of Shakuntla, the mother of the complainant and snatched her ear rings. Accused also beat her. While Jagdish was in the process of running, one of the accused fired a shot towards him. Thereafter, they went on the roof of the house and asked about the household articles

3. Jewellery. After breaking open the lock of the trunk, they took some cash,golden ring, television and other articles from the house. The prosecution to prove its case brought into the witness box gurbaj Singh PW1, Ashok Kumar PW2, SI Raj Singh PW3, Ishwar Singh pw4, Ram Parkash PW5, Suresh Kumar PW6, Dr. Arun Sehgal PW7, SI ishwar Singh PW8, Rajesh Kumar PW9, Hanu Ram Head Constable pw10, Jai Kumar PW11, Shakuntla PW12, Jagdish PW13, ASI Mohinder singh PW14, Inspector Lakhi Singh PW15 and SI Tara Chand PW16. Learned counsel for the appellants has argued, that the appellants were not recognised by Rajesh Kumar PW9. There was no electric light on. The name of the appellants is not mentioned in the FIR. No test identification parade was held. Appellants have been falsely implicated by the police. Both the appellants did not have any weapon of offence in their hands, allegedly it was the other accused Joga Singh, who

4. Criminal Appeal No.492-SB of 1993 was armed with a pistol. Offence under Sec.397 IPC is not made out against the appellants. Learned counsel for the State has argued, that apart from the oral evidence and the recovery of stolen articles, clearly shows that they were stolen by the appellants. Appellants refused to join the test identification parade, as they knew that they would be recognised, if they were brought before the witnesses. I have heard the learned counsel for the parties, perused the impugned judgments and the record with their assistance. FIR Ex. PD/2 was recorded on the statement of Rajesh Kumar pw9, who in the FIR had given the description of the appellants. Vide recovery memo Ex. PE, chain Ex. P6 and kunda Ex. P7 were recovered from the appellants. Dr. Arun Sehgal PW7 found the following injuries on the person of Jagdish PW13: 5.1. A peniterating wound 0.7 cm x 0.5 cm was present on the back in the right side near the mid line in lower thoracic region. Margins were inverted and it was going upward by blunt prob. There was abrasion 2.5 cm x 1 cm around it and margin of that was shown charring. Fresh bleeding was present and there was diffused swelling around it. X-ray was advised. Shakuntla PW12, who was also injured in the occurrence, was medically examined by Dr. Arun Sehgal PW7, vide MLR Ex. PM and the following injuries were found on her person: -1. A red contusion 10 cm x 2 cm was present on the back on the right side at the level of lowe