These appeals are filed by the appellants/accused

Nos.1 to 3 under Section 374 of Cr.P.C for setting aside

the judgment of conviction and sentence passed by the IV

Additional District and Sessions Judge, DK, Mangaluru, in

S.C.No.17/2017

dated

26.8.2020

for

the

offence

punishable under Sections 341, 392 and 397 read with 34

of IPC.

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2. Heard the arguments of learned counsel for

appellants and learned HCGP for the State.

3. The appellants are accused and the respondent

are complainant before the Trial Court. Hence the ranks of

the parties are retained for the sake of convenience.

4. The fact of the prosecution is that on 9.11.2015

at about 9.30 p.m., the accused Nos.1 to 3 and along with

the absconding accused No.4 with a common intention to

commit robbery, armed with deadly weapons like sword,

(mandekatthi in local language), had come in the Maruthi

800

Car

bearing

No.KA-19-M-9613

driven

by

the

absconding accused No.4, in front of the Pranthya

Government School and they waited. At that time, the

complainant came in a scooter bearing No.KA-19EG-6197

which was ridden by P.W.1. and P.W.2. Immediately

accused Nos.1 to 3 got down from the car, assaulted

P.W.1. and P.W.2, the riders of the scooter and snatched

away the bag from PW1 which contained Rs.4,50,000/-

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along with bills belonging to the P.W.6 and fled away from

the spot. Thereafter, the accused persons were charge

sheeted by the police for the offence punishable under

Sections 341 and 397 of IPC. After securing the presence

of the accused, the Trial Court framed the charges. The

accused persons denied the charges and claimed to be

tried. Accordingly, to prove its case, the prosecution

examined 16 witnesses and got marked 26 documents and

20 Material objects and also marked C1 and C2. After

closing the evidence, the statement of accused under

section 313 of Cr.P.C., was recorded. The case of the

accused persons is one of the total denial, but not entered

any evidence. Later the trial Court framed additional

charges under Section 392 of IPC. After hearing the

arguments, the Trial Court found the accused guilty and

convicted and sentenced the appellants/accused Nos.1 to 3

to pay fine of Rs.500/- each, in default they shall undergo

simple imprisonment for 7 days, for the offence punishable

under Section 341 of IPC. They were also sentenced to

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undergo rigorous imprisonment for 10 years and pay fine

of Rs.12,000/- each and in default of payment of fine, they

shall undergo rigorous imprisonment for a period of one

year for the offence punishable under Section 392 read

with 34 of IPC. The appellants were further sentenced to

undergo rigorous imprisonment for 8 years for the offence

punishable under Section 397 read with 34 of IPC. All the

sentences were ordered to run concurrently. Out of the

fine amount sum of Rs.15000/- was to be paid to the

victims/P.W.1 and P.W.2 as compensation under Section

357(1) of Cr.P.C and remaining Rs.7500/- ordered to be

adjusted towards the State Exchequor. Being aggrieved

by the same, the accused Nos.1 to 3 are before this court

by filing these appeals.

5. Learned counsel for the appellant has contended

the judgment of conviction and sentence are liable to be

set aside, since the case was registered against unknown

persons. The evidence of the prosecution witnesses not

reliable. The alleged recovery of the bag and other

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materials from the bushes looks fresh. It was recovered

after 4 and half months. Even the blood stained cloths

were seized as it is, which is not believable. The incident

took place within 2-3 minutes during the night hours.

Identifying the accused was not possible, even otherwise

conducting the Test Identification Parade by keeping the

accused present by making them wear the saffron colour

Dhothi in all the rows and made it easy for the witnesses

for the identification. Further contended the vehicle was

not mentioned in the complaint and same was inserted

after the arrest of the accused. The said