JUDGMENT 1. - These two jail appeals No. 355 of 1975 and 697 of 1976 arise out of the same judgment of the learned Sessions Judge, Bharatpur dated April 28, 1975 and as such they are being disposed of by a common judgment. 2. On the intervening night of 23rd and 24th July, 1974 five accused persons including the four appellants committed a dacoity. It is alleged that one of them Laxman went inside the house of Ram Kishan and four of them stood on the Pator. Accused-appellant Laxman went into the room where Mst. Kaushalya P. W. 7 was sleeping with her son P. W. 2 Tularam, a boy of 12 years of age. He asked Mst. Kaushalya to show the where about of the valuables. Tularam and Mst. Kaushalya caught hold of the accused Laxman and raised a cry. Tularam went outside the room to inform his father and accused Laxman and while dragging Kaushalya reached upto the gate of the nohra. Ram Kishan also went inside the Nohra and caught hold of accused Laxman. Laxman asked his companions to fire. While the firing was going on the villagers gathered with lathis and other weapons. The villagers were flashing the torch lights towards the accused and it is alleged that the villagers could identify the accused on the spot. However, the four accused could make good their escape and Laxman remained on the spot. On interrogation Laxman gave the names of the four accused persons. A report of the incident was lodged by Ram Kishan at police outpost, Uchchain from where it was forwarded to the Police Station, Bayana. A case under Section 395 and 397 I.P.C. was registered against the accused persons. The investigating officer reached the spot, prepared a site plan and seized empty cartridges and some clothes from the spot. After the arrest of the accused-appellants test identification parades were held on July 31, 1974. In the test identification parades held under the supervision of PW 10 Ramesh Chandra Sharma, Sub-Divisional Magistrate, Rayana, accused Bhagwandas was identified by five witnesses, accused Mool Chand was identified by seven witnesses and accused Ramdas was identified by seven witnesses. The identification memos are Ex. P 3, Ex. P 4 and Ex. P 5 respectively. In the test identification parades held under the supervision of PW 10 Ramesh Chandra Sharma, Sub-Divisional Magistrate, Rayana, accused Bhagwandas was identified by five witnesses, accused Mool Chand was identified by seven witnesses and accused Ramdas was identified by seven witnesses. The identification memos are Ex. P 3, Ex. P 4 and Ex. P 5 respectively. The police after usual investigation submitted a challan against the four accused-appellants in the Court of Munsif Magistrate, Bayana and the fifth accused Har Govind was shown as absconding. The learned Magistrate committed the appellants to the Court of Sessions for trial. 3. The accused-appellants pleaded not guilty to the charge and the prosecution examined 11 witnesses, out of whom PW 1 Ram Kishan, PW 2 Tularam, PW 3 Prabhati, PW 4 Sitaram and PW 7 Mst. Kaushalya have been examined as eye witnesses of the occurrence. PW 10 Ramesh Chandra Sharma was examined to prove the test identification parade and memos. 4. The accused persons denied their complicity in the crime and examined one witness in their defence. 5. The learned Sessions Judge placing reliance on the statement of the above named five eye witnesses of the occurrence supported by the test identification memos and the statement of the Sub-Divisional Magistrate held accused-appellant Laxman guilty under Section 395 I.P.C. where as accused-appellants Bhagwandas, Mool chand and Ramdas were convicted under Section 396/397 I.P.C. All the accused-appellants were sentenced to seven years, rigorous imprisonment and a fine of Rs. 500/- each and in default of the payment of fine each of them was ordered to further undergo four months' rigorous imprisonment. 6. Being aggrieved of the conviction and sentence awarded to the accused-appellants by the trial court they have come up in appeal to this Court. 7. The learned counsel appearing on behalf of the accused-appellants has vehemently urged that the Hulia, (description)-(physical features) of the accused have not been mentioned in the first information report. Besides that the precautions taken by him at the time of holding the identification-parade and as such no reliance can be placed on the identification of the accused held in the Court and during the course of investigation in the test identification parade. The learned Public Prosecutor on behalf of the State with matching vehemence has urged that the names of the accused-appellants were mentioned in the first information report. The learned Public Prosecutor on behalf of the State with matching vehemence has urged that the names of the accused-appellants were mentioned in the first information report. Besides that neither the identifying witnesses nor the learned Magistrate was cross-examined on the point regarding the accused being shown to them prior to the holding of the identification parade. He has further urged that the identification memos contained a detailed description of the persons mixed with the accused-appellants. The identification in this case was held within seven days of the commission of the offence and as such non-mentioning of the Hulia' in the first information report cannot be of much avail to the defence. 8. I have given proper consideration to the rival contentions of the parties. Identification of the accused serves a two fold object. Firstly it is meant to satisfy the investigating authorities before sending up a case for trial to court that the person arrested, who was not previously known to the witnesses, was one of those who committed the crime. When a witness points out a stranger in the court that he was the offender, there is no guarantee of the truth of his statement as a general rule it requires corroboration in the form of earlier identification parade. A perusal of the arrest memos Ex. P/9. Ex. P/10 and Ex. P/11 of Ramdas. Moolchand and Bhagwandas reveals that at the time of the arrest the accused were warned to keep themselves baparada, because they were to be placed for identification. It has further come in evidence that at the time of remand vide Ex. P/12 similar warning was given to the accused persons. At no stage of the trial or investigation the accused had developed the defence that they were shown to the identifying witnesses prior to the holding of the identification parade. The dacoity took place for a pretty long time. The villagers had gathered with torches lathis and other weapons to drive the dacoits out. They had enough opportunities to watch the physical features of the accused. One of the accused was arrested on the spot and immediately thereafter be disclosed the name of the appellants as his associates. Besides that, at the time when the test identification parade was held the impressions were fresh in the mind of the eye witnesses, because the identification parade was held within seven days of the occurrence. One of the accused was arrested on the spot and immediately thereafter be disclosed the name of the appellants as his associates. Besides that, at the time when the test identification parade was held the impressions were fresh in the mind of the eye witnesses, because the identification parade was held within seven days of the occurrence. It is true that the witnesses in the present case have not given the description of the appellants during investigation and had also not attributed any particular part to the three appellants except Laxman. But it is also equally true that the opportunity to mark the faces and the features of the miscreants was adequate, because these miscreants were on the scene of occurrence for nearly half an hour. The number was only five and there was no crowd in between. They were also standing at little distance. Inspite of searching cross-examination nothing has appeared in the statements of the eye witnesses on the basis of which the veracity of their statements can be doubted. The trial court for good and sufficient reasons has believed the statements of the eye witnesses and I have no reason to hold otherwise. 9. The learned counsel for the appellants is correct in urging that all the witnesses have made a vague statement regarding the nature of the weapons held by each accused-appellants Bhagwandas, Moolchand and Ramdas that they were armed with guns is too vague to be relied upon. None of the witnesses have stated as to who out of the three was armed with a gun and who was not. A vague statement to the effect that the accused-appellants Bhagwandas. Moolchand and Ramdas were armed with guns at the time of the occurrence is not sufficient to fasten guilt on any of the above accused-appellant under Section 397 I.P.C. 10. The net result of the above discussion is that none of the accused-appellants Bhagwandas, Moolchand and Ramdas can be converted under Section 397 I.P.C. The conviction of the above three accused appellants under Section 395 read with Section 397 I.P.C. is converted to Section 395 I.P.C. and the conviction of accused-appellant Laxman under Section 395 I.P.C. is maintained and the sentence awarded to them is reduced from seven year's rigorous imprisonment and a fine of Rs. 500/- to four years' rigorous imprisonment and a fine of Rs. 500/- each. 500/- to four years' rigorous imprisonment and a fine of Rs. 500/- each. In default of the payment of fine each of them shall further undergo rigorous imprisonment for a period of four months. 11. It is, however, made clear that the accused appellants shall be entitled to the benefit of Section 428 Cr.P.C. and the period of detention undergone by the during investigation, inquiry, or trial before the date of conviction shall be set off against the term of sentence awarded by this court.With the modification as indicated above, the appeals are partly allowed. *******