JUDGMENT M. R. Verma, J.: - This appeal is directed against the judgment dated 24.4.2002 by the learned Sessions Judge, Bilaspur, whereby the appellant accused (hereafter referred to as the accused) has been convicted under Sections 397 and 342 read with Section 34 I PC and Section 25 of the Indian Arms Act and has been sentenced to rigorous imprisonment for seven years under Section 397/34 IPC, rigorous imprisonment for one year under Sections 342/34 I PC and rigorous imprisonment for two years and fine of Rs.5000/- and in default of payment of fine, to undergo imprisonment for six months under Section 25 of the Indian Arms Act. 2. Case of the prosecution, in brief, is that Shakti Chand Kamal (PW-1), Manager in Sate Bank of Patiala, Swahan, Sub Tehsil Shree Naina Devi Ji, on 5.1.2001, alongwith staff members, Head Cashier Sudesh Kurhar Sood (PW-3), Aklesh Chander, Clerk-cum-Cashier (PW-2) and Dalip Singh, Watchman-cum-Peon, was working in the said bank. At about 1.15 p.m., the accused alongwith his companion Jaswinder Singh, who has been declared the proclaimed offender, entered the bank premises, said Jaswinder Singh pointed out a pistol at PW-1 and the accused pointed out a pistol at PW2 and demanded the keys of the bank and cash chest. PW-1 told them that the keys were with Sudesh Kumar Sood and so was the reply given by PW-3. The accused thereafter entered the room of the head cashier and removed the currency notes lying in the room of PW-3, after putting PWs 1 and 2, Dalip Singh, Watchman and two customers Badri Prasad (PW-4) and Bachna Ram (PW-5) inside a store, the door whereof was then closed. When the accused was removing the cash from the room of PW-3, Jaswinder Singh remained standing in front of PW-1 with the pistol pointed towards him and asking him to remain standing where he was. Thereafter, the accused alongwith Jaswinder Singh ran away in a white car. PW-3, who, at the relevant time, was outside the bank, had observed the happening inside and informed the police at Kainchi Mor. On return from Kainchi Mor, he also disclosed the number of the car in which the accused and his companion had bolted away. PW-1 gave the information of the occurrence to Police Station, Kot Kehloor, where the telephonic call was attended by ASI Hotam Chand (PW-8). On return from Kainchi Mor, he also disclosed the number of the car in which the accused and his companion had bolted away. PW-1 gave the information of the occurrence to Police Station, Kot Kehloor, where the telephonic call was attended by ASI Hotam Chand (PW-8). About the information so received, report Ex.PL was recorded at the Police Station and then alongwith two head constables and a few constables, PW-8 proceeded to the spot. When he had reached near a Jungle, about two kms. away from Tobha, he noticed a white coloured Car No. HR-51-F-6749 coming from the opposite side. PW-8 asked the driver of the car to stop but the driver put the car in reverse gear and in the meanwhile, the other person sitting in the front seat of the car started firing at PW-8. The occupants of the car got down from the car and continued firing at the police party in which PW-8 had narrow escape. The police party also opened fire but the occupants of the car ran away. Police chased them and the accused was apprehended in the jungle. However, his companion made good his escape. A sum of Rs.54,504/- was found in possession of the accused which was seized vide memo Ex. PO. One USA made revolver and six live cartridges of 0.38 bore were also recovered from his possession vide memo Ex. PP. Car alongwith its number plates found inside the car, RC and other documents and a fired revolver buttlet were also taken in possession vide memo Ex. PQ Particulars of the accused and his companion were inquired. The accused, however, gave wrong particulars of his companion. After apprehension of the accused, RW-8 returned to the police station, handed over the case property to MHC Surinder Kumar. Some of the recovered articles were transferred to the case registered about the dacoity in the bank i.e. this case vide memos Exs. PM and PN. During investigation, the accused while in police custody, made disclosure statement Ex. PT on the basis of which a purse Ex.P-13 was recovered vide memo Ex. PU. On completion of investigation, a charge-sheet was submitted against the accused alone, as his companion had absconded and was declared a proclaimed offender. PM and PN. During investigation, the accused while in police custody, made disclosure statement Ex. PT on the basis of which a purse Ex.P-13 was recovered vide memo Ex. PU. On completion of investigation, a charge-sheet was submitted against the accused alone, as his companion had absconded and was declared a proclaimed offender. The learned Sessions Judge framed a charge against the accused under Sections 397 and 342 read with Section 34 I PC and Section 25 of the Indian Arms Act, to which the accused pleaded not guilty and claimed to be tried. 3. To prove the charge against the accused, prosecution examined 12 witnesses. The accused was examined under Section 313 Cr. P.C. wherein he denied the prosecution case and claimed that he had been falsely implicated in the case. The accused, however, did not lead any defence. 4. On the basis of the material on record, the learned Sessions Judge convicted and sentenced the accused as aforesaid. Hence this appeal by the accused. 5. I have heard the learned Counsel for the accused and the learned Additional Advocate General for the respondent-State and have also gone through the records. 6. The learned Counsel for the accused has assailed the impugned conviction and sentence on the following grounds :- (i) identity of the accused as the culprit is not established. (ii) that the amount allegedly recovered from the possession of the accused is lesser than the amount alleged to have been lotted from the bank. (iii) that the recovered currency notes were not identified as the currency notes looted from the bank. Ground No. (i) 7. It was contended by the learned Counsel for the accused that the alleged culprits were total strangers to the prosecution witnesses, therefore, in the absence of the test identification parade of the accused, his identity as one of the persons who lootted the bank, is not established. 8. There is no dispute that PW-1 had immediately after the occurrence, reported it telephonically to the police vide daily diary report Ex.PL. It is evident from a perusal of such report that PW-1 had given the description of the persons involved in the looting of the bank. He has given the same description of the culprits while making statement under Section 154 Cr. P.C. Ex. PA. It is evident from a perusal of such report that PW-1 had given the description of the persons involved in the looting of the bank. He has given the same description of the culprits while making statement under Section 154 Cr. P.C. Ex. PA. After apprehension of the accused, PW-1, PW-2 and PW-3, who were present at the time of the occurrence had vide memo Ex. PB identified the jacket which the accused was wearing and had distinct marks. 9. It is also evident from the statements of PW-1, PW-2 and PW-3 that the accused and his companion after committing dacoity decamped with the lotted cash in a car. PW-1 while telephonically reporting the occurrence after about 15 minutes of the occurrence, had intimated the police about the number of said car vide DDR Ex.PL and thereafter also while making statement Ex. PA. As per the evidence of PW-8, the accused and his companions, after the occurrence, were found travelling in the same Car No. HR-51-F-6749 by him and the police officials accompanying him at a place 2 kms. from Tobha where the accused and his companion had an encounter with the police party headed by PW-8 in which firing was exchanged and finally the accused was nabbed and currency notes, revolver etc. were recovered from his possession. 10. It is further evident from the evidence of PW-1, PW-2, PW-3 and PW-4 who are the eye-witnesses of the occurrence that after entering the bank, the accused had remained within the view of these witnesses while pointing out the firearms, making demand for handing over the cash and keys of the bank and cash chest, collecting the currency notes from the room of PW-3 and then confining PW-1, PW- 2, PW-4, PW-5 and Dalip Singh, Chowkidar of the bank in the store room. Evidently sufficient time was required for doing the aforesaid acts, which was sufficient even for the witnesses to preserve the facial features of the culprits so as to correctly identify them at a later stage. 11. In Harish Kumar and others v. State of H.P., 2001(1) Shim. L.C. 281, this Court held as under "30. PW-2, the informant has stated about the arrival of accused Ram Kedar and Laxmi Nand in the hotel at Tapri where the complainant party was staying and regarding inquiries made by them about the complainant party having any permit (pass) to enter Kinnaur. L.C. 281, this Court held as under "30. PW-2, the informant has stated about the arrival of accused Ram Kedar and Laxmi Nand in the hotel at Tapri where the complainant party was staying and regarding inquiries made by them about the complainant party having any permit (pass) to enter Kinnaur. When the witness informed them in the negative, the said accused told them that police would arrest and put them behind the bars for having entered Kinnaur without permit. PW-2 has further stated that these two accused assured them that they would get the requisite pass from SDM, Bhawanagar. So has been stated by PW-1 and PW-3. This discussion was of serious nature so far as the complainant and his companions (PW-1 and PW-3) were concerned. Therefore, they must be attentive during discussion and thus has ample time and opportunity to see Ram Kedar and Laxmi Nand so as to preserve their facial features to identity them at later stage. 31. In view of the above, the contention of the learned Counsel for these accused that they were not known to the witnesses earlier and their test identification parade was not held, therefore, their identification by the prosecutrix (PW-1), informant (PW-2) and PW-3 for the first time in the Court is unreliable, is not sustainable." 12. In the case in hand, as already stated PW-1 to PW-4 had enough time to preserve the facial features of the accused and his companion to enable them to identify the accused at a later stage. Moreover, the witnesses have identified the wearing apparel i.e. Jacket of the accused hanging distinct marks and recovered from the accused vide memo Ex. PB. The accused was found travelling in the car in which the dacoits had arrived at the bank and bolted away therefrom and was apprehended with currency notes immediately after the occurrence. Therefore, neither test identification parade of the accused which is not substantive evidence, was necessary nor this is a case of mistaken identity. Hence the contention raised for the accused is not sustainable. Grounds No. (ii) and (Hi) ) 13. Since both these grounds are inter linked, therefore, are taken up together for discussion and decision. 14. Therefore, neither test identification parade of the accused which is not substantive evidence, was necessary nor this is a case of mistaken identity. Hence the contention raised for the accused is not sustainable. Grounds No. (ii) and (Hi) ) 13. Since both these grounds are inter linked, therefore, are taken up together for discussion and decision. 14. It was contended by the learned Counsel for the accused that the amount of money looted from the bank and that recovered from the accused is not the same nor the recovered currency notes had been identified by anyone as the currency notes allegedly looted from the bank, therefore, the alleged recovery of money does not connect. The accused with the commission of the offence. Be it stated that there are statements of PW-1, PW-2, PW-3 and PW-4, the eye-witnesses of the occurrence of dacoity. They are not, in any manner, shown to be interested in falsely implicating the accused in the commission of the offences committed by him. There are no such contradiction in their statements which may go to the root of the case. Their statements are cogent, natural and confidence inspiring and there is hardly and need to seek corroboration of their statements. Still there is reliable and independent corroborative evidence in the form of recovery of the revolver, car and currency notes from the possession of the accused which leaves no doubt about the truthfulness of the prosecution version. 15. It is true that according to the prosecution a total sum of Rs.55,222/- was; lootted from the bank whereas a sum of Rs.54,504/- had been recovered from the accused vide recovery memo Ex. PO and another sum of Rs.850/- kept in the purse of the accused vide memo Ex. PU. Thus, the amount recovered from the accused is lesser than the amount of money lootted from the bank. However, this, by itself, is no reason to doubt the evidence of the eye-witnesses. The amount recovered from the accused is not claimed by him hence there is no explanation as to how the accused came to possess this amount. PU. Thus, the amount recovered from the accused is lesser than the amount of money lootted from the bank. However, this, by itself, is no reason to doubt the evidence of the eye-witnesses. The amount recovered from the accused is not claimed by him hence there is no explanation as to how the accused came to possess this amount. The recovery of the amount in question evidently cannot be a farce because of the value of the recovered currency notes which could not be parted with by the bank officials who are not shown interested in falsely involving the accused nor could be arranged by the police officials particularly the police party which apprehended the accused, to involve him in a false case. 16. The accused was accompanied and assisted by his companion in the commission of the offences but such commission made good his escape and is a proclaimed offender, may be that shortfall in the recovered currency notes is due to some money having been lost while he accused and his companion ran into the jungle or may be that some amount might have been seized and taken away by the absconder. 17. It is nobodys case that there was any list of particulars of the lootted currency notes. This amount was lying in the room of the head cashier because of on going transactions and it is not possible for anyone to identify the currency notes so collected. 18. In view of the above discussion, neither the recovery of lesser amount nor non-identification of the recovered amount had any adverse bearing on the fate of the prosecution case which is, as already discussed, proved beyond any reasonable doubts in view of the cogent, reliable and confidence inspiring evidence of PW-1 to PW-5 and PW-8. The learned Sessions Judge, after due and correct appreciation of evidence, has rightly held the accused guilty of the commission of the offences complained against, therefore, the impugned conviction does not call for any interference. 19. No other point/contention on merits of the case was raised. However, the learned Counsel for the accused had urged that the sentence awarded to the accused is too severe and the interest of justice would be met if the sentences awarded are reduced. 20. 19. No other point/contention on merits of the case was raised. However, the learned Counsel for the accused had urged that the sentence awarded to the accused is too severe and the interest of justice would be met if the sentences awarded are reduced. 20. It is within the discretion of the court convicting the accused to pass the sentence in conformity with the punishment provided under the law. Ordinarily, a Court of appeal or Revision will not interfere with the exercise of such discretion by the trial Court unless it is shown that the sentence awarded is disproportionate and unduly harsh. In this case, the sentence awarded to the accused under Section 397 IPC is the minimum prescribed under the law and the sentences awarded under Section 342 IPC and Section 25 of the Arms Act are also not disproportionate to the gravity of the offences committed by the accused. Therefore, even the sentences awarded to the accused do not call for interference by this Court. 21. As a result, this appeal merits dismissal and is accordingly dismissed. Z