M. S. BHATT, J. ( 1 ) THIS Jail appeal preferred by the accused Juja alias Karam Singh son of Rammu alias Ramme would equally, govern the connected jail appeals No. 1356/82 preferred by the accused laxman and No. 1355/82 preferred by the accused Ranga all arising out of Sessions Trial No. 127/81, Sessions Division, Sagar. All these appellants accused, on their conviction under section 395 read with section 397 of the I. P. C. , have been sentenced to seven years R. I. ( 2 ) IN the early hours of the night of 7. 12. 80, more than five dacoits including the three appellants-accused armed with rifles and other deadly weapons, had committed dacoity in the house of Ramsingh under the threat of death to him, in case he tried to resist to any extent. The pot of ghee, a bag of ground-nuts and sufficient number of silver ornaments were looted from that place. The report was lodged on the next day morning. After the apprehension of the appellants-accused, they were got identified in the test identification parade. After due investigation, the appellants-accused were put for trial. The trial Court, relying on the evidence of victim Ramsingh and all other eye-witnesses, who had identified the appellants-accused not only in the test identification parade but also in Court, convicted and sentenced them to the extent as stated at the outset. Hence, now, their respective appeals. ( 3 ) ADVOCATE Shri S. P. Khirwadkar, appearing as an Amicus-curiae for all these three appellants- accused, who have filed their appeals from jail, has not challenged their convictions and sentences but has simply prayed that the sentence of imprisonment, awarded against the appellants-accused in the present case be made to run concurrently with the one awarded against them in another earlier case. ( 4 ) I have scrutinized the record of the trial Court. Although the conviction has not been challenged but suffice to say, there is more than sufficient evidence to prove beyond any shadow of doubt that these three appellants accused along with their other companions, more than five in number, all duly armed with fire-arms, axe etct had committed dacoity in the house of Ramsingh on the relevant night by putting him under the threat of the guns, which had been continuously pointed at him till the appellants-accused and their companions bad flied away taking the booty with them.
These appellants-accused are found to be identified in the test-parade and so also in Court. Although the test identification parade had been conducted a couple of months after the incident but there is nothing to doubt the proceedings of the test parade, which had been conducted after taking proper precautions. Evidence of P W. 2 Basoresingh, P. W. 4 Babbu P. W. 5 Ramsingh and P. W. 6 Indra singh, in the matter of identification deserves full reliance when read in the light of evidence of P. W. 8 Harimohan Sharma, Naib-Tahsildar, who had conducted the test parade. The order of convictions has obviously no scope for challenge. Sentence of imprisonment as awarded is the minimum, as prescribed under section 397 of the Code. ( 5 ) NOW the only question is whether the prayer of the appellants-accused for making the present sentence concurrent with the one awarded against them earlier in another case should be allowed. This earlier case is found to be Sessions Trial No. 128/81 of the Sessi9ns Division Sagar, wherein all these three appellants-accused, on their conviction under section 395 of the Indian Penal Code, had been sentenced to three years R. I. and their respective appeals viz, appeals No. 1139/82, 1140/82 and 1141/82, preferred in this Court, had been dismissed upholding the trial Courts order of convictions and sentences. ( 6 ) I have considered the prayer for making the sentences concurrent in the light of the record of both the sessions-trials. The Sessions Trial No. J 27/81 out of which the present three appeals have arisen, relates to the incident dated 7-12-1980 The Sessions Trial No. 128/81 wherein these very three appellants-accused had been convicted under section 395 Indian Penal Code related to the dacoity committed at the house of Jalamsingh in the village Bamhori on the night of 28-11-80. Thus, both these dacoities are found to be of different periods of time and at different places. The circumstances of dacoity in both the cases are gruesome and cruel and in these circumstances, I am of the opinion that the sentences of imprisonment awarded in both the Sessions trial do not deserve to be made concurrent. Therefore prayer of the appellants-accuseds learned counsel in this regard is rejected.
The circumstances of dacoity in both the cases are gruesome and cruel and in these circumstances, I am of the opinion that the sentences of imprisonment awarded in both the Sessions trial do not deserve to be made concurrent. Therefore prayer of the appellants-accuseds learned counsel in this regard is rejected. ( 7 ) IN the result, thus, the present appeal and the connected ones preferred by the respective appellants-accused are dismissed; and the order of convictions and sentences against them is maintained-with the further direction that the sentence of three years R. I. awarded against them under section 395 Indian Penal Code in another Sessions Trial No. 128/81 shall run consecutively and not concurrently with the sentence as awarded, in the present appeals arising out of Sessions trial No. 127/81. Appeals dismissed. .