Law: Penal Code (XLV of 1860)

Section: 397,34

Penal Code (XLV of 1860)--- ----Ss.397 & 34---Robbery or dacoity with attempt to cause death or grievous hurt, common intention---Appreciation of evidence---Allegation against the appellants/accused persons was that they robbed a commodity shop owned by the complainant, while son of complainant and a labourer sustained firearm injuries---Validity---Matter was reported in 25 minutes while the distance between place of occurrence and the police station was one and half furlong , thus the FIR was lodged with promptitude---Promptness of the FIR showed the truthfulness of the prosecution case, and it excluded the possibility of deliberation and consultation---There was hardly any time for the complainant or other witnesses to fabricate a false story---Ocular account, in the present case, was furnished by as many as four witnesses which were owner of shop, injured witness, labourer, son of the complainant, therefore, their presence at the place of occurrence was natural---Other witnesses were police officials who reached the spot after hearing the firing, and apprehended the appellants, whereby recovery of T.T pistol .30 bore, snatched amount and a motorcycle was effected from them---Appellants were apprehended red-handed by the Police, therefore, there was no chance of their misidentification---Said prosecution witnesses were subjected to lengthy cross-examination by the defense, but nothing favourable or adverse to the prosecution could be brought on record---Medical evidence available on record further corroborated the ocular account so far as the nature, time, locale and impact of the injuries on the persons of the injured persons/witnesses---Report from Forensic Science laboratory was positive regarding recoveries having effected in the present case, which had been duly proved through recovery witnesses---Prosecution had been successful in proving its case against the appellants beyond reasonable doubt, and the conviction and sentence recorded against the appellants were based on correct appreciation of evidence, which did not call for any interference---High Court maintained the impugned judgment passed by the trial Court---Appeals filed by the convict…

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