JUDGMENT D.D.SINHA, J. : Heard Shri Daga and Shri Rawlani, learned Counsel for the appellants, and Shri Mirza, learned Additional Public Prosecutor for the respondent. 2. The criminal appeals are directed against the common judgment dated 24.7.2003 passed by the 4th Additional Sessions Judge, Nagpur in Sessions Trial No. 391/1999 whereby appellants Amjad Khan Ibrahim Khan, Mohammad Shahid s/o Sheikh Babbu and Kamal s/o Matasingh Shiv were convicted for the offences punishable under Sections 394 and 397 read with Section 34 of Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of rupees one thousand each and in default of payment of fine, to suffer rigorous imprisonment for a period of three months. Appellant Kamal Singh s/o Matasingh Shiv was convicted in Sessions Trial No. 316/1999 for the offence punishable under Section 3 read with Section 25 of the Arms Act and sentenced to suffer rigorous imprisonment for a period of five years. The substantive sentences awarded in Sessions Trial No. 316/1999 and present Sessions Trial No. 391/1999 were directed to run concurrently. All the appellants were granted set off for the under-trial period. Since all the appeals are against the common judgment and order passed by the trial Court, they are heard together and disposed of by this judgment. 3. The circumstances, which have given rise to the prosecution of the appellants, in nutshell, are as follows : Complainant Anand Nichaldas Shambhuwani was running an Ice-cream Parlour, named and styled as .Royal. on the West High Court Road, Nagpur. On 10.3.1999, complainant Anand (PW 1. and his brother Ashok (PW 5. opened their parlour at about 11 A.M. Throughout the day, both were present in the parlour. At about 10 p.m. , three persons, aged about 25 years, entered in the parlour. Amongst them, one person was having a revolver in his hand and he was slim and tall and had curly hair. He had worn a full shirt of blue colour having lines on it. Another person was having knife in his hand and was wearing white shirt. The person having revolver had asked brother of the complainant - Ashok to give him money from the counter. The person having knife had cut the telephone wire. He had worn a full shirt of blue colour having lines on it. Another person was having knife in his hand and was wearing white shirt. The person having revolver had asked brother of the complainant - Ashok to give him money from the counter. The person having knife had cut the telephone wire. It is the case of the prosecution that at that time, complainant Anand gave a blow with the instrument, which was meant for cutting ice-cream, on one of the assailants having knife in his hand in order to scare the assailants. The said assailant inflicted a blow by means of knife on the person of complainant Anand. The person having revolver also had inflicted injury by the butt of the revolver on the head of the complainant's brother Ashok. Complainant Anand as well as his brother Ashok sustained bleeding injuries. The assailants ran away with the amount of Rs.3,000/- - Rs.3,500/-. 4. It is the case of the prosecution that complainant Anand and his brother Ashok were shifted to SIMS Hospital, Nagpur for treatment. Police Station Officer, Ambazari, Nagpur received information from the Police Control Room that some incident of assault had taken place in the ice-cream parlour. Therefore, PSI R.B. Bhosale (PW 8. had been to the place of occurrence where he came to know that some people committed robbery in the icecream parlour of the complainant and during the course of robbery, injuries were caused to complainant Anand (PW 1. and Ashok (PW 5., who were shifted to the Hospital for treatment. 5. It is the case of the prosecution that on the same day, i.e. on 10.3.1999, Police Head Constable Rajan Sahare of Police Station, Panchapaoli was on his duty along with Police staff. When they were near Motibagh railway crossing, Police Head Constable Rajan Sahare saw that two scooters were coming in a high speed from the side of Kadbi square. On one scooter, three persons were riding. Rajan Sahare gave them signal to stop the scooters. Both persons, who were riding the scooters, tried to run away from the spot. However, Rajan Sahare obstructed the scooter on which three persons were sitting and took search of the said persons. A country made revolver loaded with bullets and cash amount having blood stains were found with them. Rajan Sahare gave them signal to stop the scooters. Both persons, who were riding the scooters, tried to run away from the spot. However, Rajan Sahare obstructed the scooter on which three persons were sitting and took search of the said persons. A country made revolver loaded with bullets and cash amount having blood stains were found with them. On enquiry, it was revealed that their names were Kamal Matasingh Shiv, Mohammad Shahid Sheikh Babbu and Amjad Khan Ibrahim Khan (appellants.. Head Constable Rajan Sahare seized the country made revolver, cash amount of Rs.750/- and scooter bearing No. MH-31-L-7172 as well as cash amount of Rs.50/- from Mohammad Shahid Shaikh Babbu. Rajan Sahare also seized blood stained currency notes amounting to Rs.2500/- and one currency note of Rs.100/- together with three Sim cards from appellant Amjadkhan Ibrahimkhan Pathan. The appellants were arrested by the Head Constable, who lodged a report against them at Police Station, Panchpaoli, Nagpur. On the basis thereof, Crime No. 117/1999 came to be registered against the appellants for the offences punishable under Sections 398 and 399 of Indian Penal Code, Section 3 read with Section 25 of Arms Act as well as Section 128 read with Section 177 of the Motor Vehicles Act. During the course of investigation of aforesaid Crime No. 117/1999, it was revealed that before arrest of the appellants in the said crime, they had committed robbery at the shop of complainant Anand (PW 1. located at Law College Square, Nagpur. 6. It is the case of the prosecution that PSI R.B. Bhosale visited the place of incident. He prepared spot panchanama and collected one knife, iron bar, one footwear of black colour and blood stains from the place of incident. He also visited SIMS Hospital, Nagpur and received the report from complainant Anand about the occurrence. On the basis thereof, crime came to be registered against unknown persons for the offences punishable under Sections 394 and 397 of the Indian Penal Code. Thereafter, the appellants were also arrested in the said crime of robbery. The identification parade was held in the Central Jail. After completion of formal investigation, charge-sheet was filed in the competent criminal Court. Charge under Sections 394 and 397 read with Section 34 of Indian Penal Code was framed against the appellants. Thereafter, the appellants were also arrested in the said crime of robbery. The identification parade was held in the Central Jail. After completion of formal investigation, charge-sheet was filed in the competent criminal Court. Charge under Sections 394 and 397 read with Section 34 of Indian Penal Code was framed against the appellants. The same was read over and explained to them, to which they pleaded not guilty and claimed to be tried. The defence of the appellants was of denial and they were falsely implicated in the crime in question. 7. Shri Daga and Shri Rawlani, learned Counsel for the appellants, submitted that the appellants were unknown to complainant Anand (PW 1. as well as his brother Ashok (PW 5. and since their photographs were published in the newspapers before holding the identification parade, the identification made by complainant Anand (PW 1. and Ashok (PW 5. in the identification parade is valueless. It was contended that R.B. Bhosale, Investigating Officer (PW 8. also admitted about publication of news in the newspapers on the next day of the incident. Therefore, in the facts and circumstances of the present case, the identification being valueless, the appellants are entitled to be acquitted for want of requisite identification. In order to substantiate their contentions, reliance was placed on the judgment of the Apex Court in Vijayan vs. State of Kerala {(1999. 3 SCC 54.. 8. The learned Counsel for the appellants further argued that in the instant case, the eye witnesses such as complainant Anand (PW 1. as well as his brother Ashok (PW 5. failed to give details about identifying features of the assailants and in absence thereof, identification in the Court is also valueless and does not establish that the appellants were assailants and had committed the offences charged and the evidence adduced by the prosecution particularly about identification is inadequate to bring home guilt of the appellants for the offences charged and, therefore, the appellants are liable to be acquitted. 9. The learned Counsel for the appellants also contended that Shyam Pardhi (PW 3. has been examined as a panch witness for the purpose of proving seizure panchanamas (Exhs. 66, 67, 68, 69 and 70.. However, since he has turned hostile and nothing worthwhile is brought in his cross-examination by the prosecution, his testimony is of no help to the prosecution. The learned Counsel for the appellants also contended that Shyam Pardhi (PW 3. has been examined as a panch witness for the purpose of proving seizure panchanamas (Exhs. 66, 67, 68, 69 and 70.. However, since he has turned hostile and nothing worthwhile is brought in his cross-examination by the prosecution, his testimony is of no help to the prosecution. Similarly, PW 4 Namdeo, who is examined as a panch witness in order to prove seizure of revolver, cartridges, currency notes and scooter, has also turned hostile and, therefore, for the similar reason, his evidence is of no help to the prosecution. It was argued that entire prosecution case is based on the testimonies of Anand (PW 1., his brother Ashok (PW 5., medical evidence as well as evidence of R.B. Bhosale, Investigating Officer (PW 8.. It was submitted that so far as identification parade held by Ku. Asha Bodhale, Special Judicial Magistrate (PW 6. is concerned, for the reasons stated hereinabove, same is valueless and, therefore, prosecution failed to bring on record tangible evidence regarding involvement of the appellants in the crime in question. Similarly, evidence of Anand (PW 1. and Ashok (PW 5. is that of a highly interested witnesses and also not free from suspicion and hence, same cannot be relied upon. 10. Shri Daga, learned Counsel for the appellants, further argued that so far as appellant Amjad Khan s/o Ibrahim Khan is concerned, there is no overt act attributed to him by the eye witnesses and his complicity in the crime in question has not been established by the prosecution and, therefore, he is liable to be acquitted for want of evidence. 11. The learned Counsel for the appellants further contended that so far as Anand (PW 1. is concerned, the medical evidence shows that though two injuries suffered by him were caused by dangerous weapon, however, the nature of injuries were simple and even if it is presumed for the sake of argument that assailant, who had a knife, caused two injuries on the person of complainant Anand (PW 1. while committing robbery, since they were simple injuries, conviction, if at all, would be for a lesser offence under Section 394 of Indian Penal Code so far as the said assailant is concerned. while committing robbery, since they were simple injuries, conviction, if at all, would be for a lesser offence under Section 394 of Indian Penal Code so far as the said assailant is concerned. In order to substantiate the contention, reliance was placed on the judgment of this Court in Balu Pandharinath Takle v. State of Maharashtra (2007 ALL MR (Cri. 985.. 12. The learned Counsel for the appellants further submitted that the appellants, at the relevant time, were young men and did not have any criminal background. At the relevant time, appellants Kamal s/o Matasingh Shiv and Mohammad Shahid s/o Sheikh Babbu were of 25 years of age while appellant Amjad Khan s/o Ibrahim Khan was of 27 years of age. It was contended that appellants are in Jail for more than five years and, therefore, ends of justice would be met if the appellants are released on the basis of sentence already undergone. 13. Shri Mirza, learned Additional Public Prosecutor for the respondent, supported the impugned judgment of conviction and sentence passed by the trial Court. It was contended that evidence of both the eye witnesses, namely, Anand (PW 1. and Ashok (PW 5., who are the injured witnesses, is cogent and consistent with the prosecution case. The same is also corroborated by the medical evidence. It was submitted that there are no material contradictions or omissions in the testimonies of these witnesses and, therefore, trial Court was justified in accepting their testimonies. 14. The learned Additional Public Prosecutor further argued that in the present case, the appellants have committed offence of robbery and while committing the said offence were armed with deadly weapons like revolver, knife, etc. and caused serious injuries to the complainant and witness Ashok. 15. It was further submitted by the learned Additional Public Prosecutor that evidence of Anand (PW 1. shows that he has identified the appellants in the identification parade as well as in the Court. It was contended that identification of the assailants in the Court being a substantive evidence cannot be casually brushed aside particularly because the complainant had an opportunity to see the faces of the assailants, who had entered in his parlour and assaulted him. It was argued that so far as evidence of Ashok (PW 5. is concerned, he has also identified the assailants in the identification parade as well as in the Court. It was argued that so far as evidence of Ashok (PW 5. is concerned, he has also identified the assailants in the identification parade as well as in the Court. It has come in the cross-examination of this witness that he was not aware whether photographs of the appellants were published in the newspapers. It was contended that in the substantive evidence, eye witnesses had identified the appellants in the Court and, therefore, even if it is presumed for the sake of argument that evidence of identification parade conducted by Asha Bodhale, Special Judicial Magistrate (PW 6. is kept out of consideration, even then the identification done by the eye witnesses in the Court cannot be brushed aside particularly because the said evidence is completely corroborated by the medical evidence as well as evidence of seizure of revolver, cartridges, currency notes and scooter, which was proved by the Investigating Officer. In order to substantiate his contentions, reliance was placed on the decision of the Apex Court in Ashfaq v. State (Govt. of NCT of Delhi. (2004 Cri.L.J. 936.. 16. We have given our anxious thought to the various contentions canvassed by the respective Counsel for the parties. In the instant case, though prosecution has examined as many as nine prosecution witnesses, however, the prosecution case is primarily based on the testimonies of complainant Anand (PW 1 - eye witness., Ashok, brother of the complainant (PW 5 . eye witness., medical evidence of Dr. Lokendra Singh (PW 9., Asha Bodhale, Special Judicial Magistrate (PW 6., and Investigating Officers - Digamber Moon (PW 7. and Rajendra Bhosale (PW 8.. 17. The evidence of complainant Anand (PW 1. shows that on the day of incident, at about 10 p.m., he and his brother Ashok (PW 5. were in their ice-cream parlour. Three persons entered their parlour for committing robbery. One person amongst them was slim and tall and had curly hair. He had worn a shirt of blue colour and had a revolver with him. Another person had a knife in his hand and had worn a white shirt. It has come in the deposition of Anand (PW 1. that the third person was standing outside the shop/parlour. Anand (PW 1. in his examination-inchief has stated that his brother Ashok (PW 5. Another person had a knife in his hand and had worn a white shirt. It has come in the deposition of Anand (PW 1. that the third person was standing outside the shop/parlour. Anand (PW 1. in his examination-inchief has stated that his brother Ashok (PW 5. was taking care of the cash box in the shop and persons, who had entered the shop, asked him to hand over money from the cash box. Since he refused to oblige them, person wearing white shirt cut the telephone wire and the person, who had a revolver, gave a blow with the butt of the revolver on the head of Ashok, who sustained bleeding injury and fell down. Anand (PW 1. has further stated in his examination-in-chief that person who had a knife in his hand, had taken money from the cash box, rushed towards him and assaulted him by means of a knife on his face beneath his left eye, with the result, he sustained bleeding injury. After committing crime, all the three persons ran away from the shop after taking Rs.3500/-. 18. Complainant Anand (PW 1. has further deposed that in the identification parade, he has identified the appellants. Similarly, he has also identified them in the Court. This witness has also identified knife as well as revolver, which were used in the occurrence, in the Court. We have carefully gone through the cross-examination of this witness. In our considered view, the ocular testimony of this witness, who is an injured witness, cannot be brushed aside in view of minor discrepancies brought out in the cross-examination of this witness. He has admitted in the cross-examination that he had stated before the Police that three persons had come to his shop for committing robbery. He denied the suggestion that there was no cash amounting to Rs.3,500/- in his shop at the relevant time. He has also admitted in his cross-examination that third person, who was standing outside the shop, was wearing shirt of sky blue colour and pant of blue colour. The entire tenor of the cross-examination of this witness shows that the defence has not seriously disputed the incident and in the absence of material omissions and contradictions, the trial Court, in our view, is justified in accepting the same. 19. So far as evidence of another eye witness . Ashok (PW 5. The entire tenor of the cross-examination of this witness shows that the defence has not seriously disputed the incident and in the absence of material omissions and contradictions, the trial Court, in our view, is justified in accepting the same. 19. So far as evidence of another eye witness . Ashok (PW 5. is concerned, it has come in the deposition that at the relevant time, three boys entered in his shop. Out of them, one was slim and tall and was wearing blue shirt. The other one was standing behind him and was also wearing blue shirt and had a revolver with him. However, he could not pay much attention to the third assailant. It has come in the evidence of this witness that when the assailants asked for money, he refused to pay and, therefore, the assailant, who had revolver with him, gave a blow by the butt of the revolver on the head of this witness, with the result, he sustained bleeding injuries. This witness has further stated that a boy wearing white shirt and having knife cut the telephone wire and had taken currency notes worth Rs.3,500/- from the cash box of the shop and handed over to the third boy. According to the evidence of this witness, there was scuffle between the complainant and assailant, who had a knife with him. His brother . complainant Anand suffered injury on his face. This witness was in the hospital for a period of seven days. It has come in the evidence of this witness that he has identified all the appellants in the identification parade as well as revolver, which was shown to him. In the cross-examination, he has denied any knowledge about publishing of photographs of the appellants in the newspapers. It is no doubt true that minor discrepancies are brought in the cross-examination of this witness. However, in our considered view, they are completely inadequate to shatter the ocular testimony of this witness. 20. In the instant case, we cannot turn the nelson's eye to the fact that both these witnesses are not only the eye witnesses to the incident in question, but are also the injured witnesses, who sustained injuries during the course of the assault committed by the appellants. 20. In the instant case, we cannot turn the nelson's eye to the fact that both these witnesses are not only the eye witnesses to the incident in question, but are also the injured witnesses, who sustained injuries during the course of the assault committed by the appellants. The evidence of these witnesses shows that appellants entered into their ice cream parlour at about 10 p.m. and these witnesses had full opportunity to see the faces of the appellants in bright lights of the shop and, therefore, it will not be unreasonable to conclude that faces of the appellants were imprinted in the minds of these injured witnesses and, therefore, there is nothing unusual for these witnesses to identify the appellants in the Court of law. The evidence of these two injured eye witnesses further demonstrates that both of them had also given description of the identifying characteristics of the assailants, such as height, type of hair and colour of the clothes worn by the appellants at the relevant time and, therefore, in the peculiar facts and circumstances of the present case, the substantive evidence of the identification in the Court, in our considered view, cannot be discarded. The observations of the Apex Court in para (6. of its judgment in the case of Ashfaq (cited supra. are relevant, which read thus : .6. We have carefully considered the submissions made by the learned Counsel on either side in the light of the materials on record and the relevant portions of the judgments of the Courts below to which our attention has been drawn to impress upon their respective stands. Though as a matter of general principle, the point urged with reference to the omission to conduct earlier the test identification parade may be correct, the question as to whether there is any violation of the same in a given case would very much depend on the facts and circumstances of each case and there cannot be any abstract general formula for universal and ready application in all cases. Even the decision reported in 2000 (1. SCC 358 (Ramanbhai Naranbhai Patel and others v. State of Gujarat. Even the decision reported in 2000 (1. SCC 358 (Ramanbhai Naranbhai Patel and others v. State of Gujarat. relied upon for the appellants, after dealing with the principles in general, adverts to the facts of the case and in so doing the learned Judges have categorically observed that since two eye witnesses in the said case were assaulted and seriously injured in broad daylight, they could have easily seen the faces of the assailants and their appearance and identity would well remain imprinted in their minds and the third witness who was said to have seen the fatal assault on her husband could also be easily considered to have got imprinted in her mind the faces of the accused and that, therefore, the omission to hold the test identification parade did not affect the credibility or truthfulness of their evidence. The case on hand is akin to the said case dealt with by learned Judges therein, in that among the accused one was already known on account of having white-washed their house, that they have entered their house and was for quite some time present there holding them at ransom by directing and using threat to relieve them of the valuables on which they could lay their hands and it is too much to claim, in spite of all these, that the evidence of P.Ws. 2, 3 and 10 could not be either sufficient to properly identify the accused or relied upon against the accused in the absence of proper test identification parade. In this case, it has also further come on record that one whose identity was known was initially traced, that the said trail led the investigating authorities to the others and that the complainant was also said to have been associated even at that stage of investigation to identify the accused and ensure properly the arrest of the real accused. Consequently, we see no merit whatsoever in the grievance made and challenge to the judgments of the Courts below on this ground.. 21. While considering the evidence on record, it is apparent that the appearance and identity of the assailants was imprinted in the minds of the eye witnesses, who had ample opportunity to see the faces of the assailants. Consequently, we see no merit whatsoever in the grievance made and challenge to the judgments of the Courts below on this ground.. 21. While considering the evidence on record, it is apparent that the appearance and identity of the assailants was imprinted in the minds of the eye witnesses, who had ample opportunity to see the faces of the assailants. In such peculiar circumstances, even if the prosecution would have failed to hold the identification parade, even then the identification of the appellants in the Court by such injured witnesses in their substantive evidence was rightly accepted and relied upon by the trial Court. In the instant case, both the eye witnesses in fact had identified the appellants in the earlier identification parade also. Even if much importance is not given to the said identification parade because of publication of photographs of the assailants, even then this is not the case where prosecution failed to establish identity of the assailants conclusively by adducing substantive evidence of eye witnesses. 22. The medical evidence of Dr. Lokendra Singh (PW 9. completely corroborates the material particulars of the prosecution case disclosed by complainant Anand (PW 1. as well as another eye witness Ashok (PW 5.. Eye witness Ashok (PW 5. sustained three injuries, which are as follows : .1. Lacerated wound size 3 cm. x 1 cm. bone deep, over left parietal region of head. 2. Lacerated wound 2 & ½ cm. x 0.5 cm. scalp deep over mid line occipital region of head. 3. Abrasion 2 cm. X 2 cm. over mid forehead region.. Out of them, injury no.1 was dangerous in nature and as per opinion of the Doctor, but for the operation, life of Ashok (PW 5. could not have been saved. Similarly, complainant Anand (PW 1. sustained following injuries : .1. Incised wound trialiate radeat in the mid line over posterior frontal region, i.e. back of forehead. 2. Lacerated wound below left lower eye lid 2 cm. long and 2 millimeter wide.. As per opinion of Dr. Lokendra Singh (PW 9., both the injuries were likely to be caused by a sharp edged weapon like knife. Nothing tangible has been brought in the cross-examination of the Medical Officer in order to shatter his testimony. In our view, the medical evidence completely corroborates the prosecution case disclosed by the injured eye witnesses. 23. As per opinion of Dr. Lokendra Singh (PW 9., both the injuries were likely to be caused by a sharp edged weapon like knife. Nothing tangible has been brought in the cross-examination of the Medical Officer in order to shatter his testimony. In our view, the medical evidence completely corroborates the prosecution case disclosed by the injured eye witnesses. 23. We want to express that respect as well as fear of law amongst criminals of all age groups is decreasing. Similarly, delay in disposal of criminal cases as well as failure on the part of the State to provide adequate Police protection to the material witnesses in the criminal trial, which results in turning such witnesses hostile, are contributory factors responsible for reducing respect and fear of law. In our view, time has come to consider the criminal jurisprudence in the context of contemporary social scenario of our country, of course, within the framework of the law of evidence. At the same time, the criminal justice system also needs to be understood and administered in the context of these fundamental factors. Although justice needs to be administered within the four corners of law, we should not ignore the ground reality existing in our society. 24. The case in hand is a glaring example where original accused nos. 1 and 2 in utter disregard of the rule of law as well as without any fear of law entered into ice-cream parlour that was located in the heart of the city of Nagpur and not only did they take out their revolver and knife, but also inflicted injuries on the complainant and his brother Ashok. The appellants without caring for law and order committed robbery of Rs.3500/- from the cash counter of the ice-cream parlour. We completely disagree with the contentions canvassed by the learned Counsel for the appellants that the original accused nos. 1 and 2 deserve leniency in the quantum of sentence awarded by the trial Court. It is no doubt true that in the normal course, the young age of the appellants would have been a mitigating circumstance. We completely disagree with the contentions canvassed by the learned Counsel for the appellants that the original accused nos. 1 and 2 deserve leniency in the quantum of sentence awarded by the trial Court. It is no doubt true that in the normal course, the young age of the appellants would have been a mitigating circumstance. However, in view of peculiar facts and circumstances of the present case and in order to establish rule of law, we are of the view that this is not the case where the Court is expected to show leniency in respect of quantum of sentence awarded by the trial Court considering the manner in which offence of robbery is committed by the appellants and proved by the prosecution beyond all reasonable doubts. 25. It is no doubt true that the injuries inflicted by original accused nos. 1 and 2 on the complainant were simple in nature as per the medical evidence. However, we cannot ignore the fact that the appellant, who inflicted injuries shared the common intention of committing robbery with other accused. Both original accused nos. 1 and 2 were not only armed with deadly weapons like revolver and knife, but also caused serious injuries to witness Ashok and bleeding injuries to the complainant and, therefore, the offence committed by both these accused is punishable under Section 397 of Indian Penal Code. 26. The law laid down by the Apex Court in the case of Ashfaq (cited supra. makes it implicitly clear that what is essential to satisfy the word .uses. for the purposes of Section 397 of Indian Penal Code is the robbery being committed by an offender, who was armed with a deadly weapon, which was within the vision of the victim so as to be capable of creating a terror in the mind of the victim and not that it should be further shown to have been actually used for cutting, stabbing, shooting, as the case may be. The provisions of Section 397 of Indian Penal Code do not create any new substantive offence as such, but merely serves as complementary to Sections 392 and 395 of Indian Penal Code by regulating the punishment already provided for dacoity by fixing a minimum term of imprisonment when while committing dacoity the assailants either use deadly weapons or cause grievous hurt or attempt to cause death or grievous hurt. The Apex Court in the said judgment further laid down that the provisions postulate only the individual act of the accused to be relevant to attract Section 397 of Indian Penal Code and thereby inevitably negates the use of the principle of constructive or vicarious liability engrafted in Section 34 of Indian Penal Code. In the case in hand, the original accused nos. 1 and 2 were armed with deadly weapons and also caused injuries to complainant Anand as well as Ashok (PW 5. with the said weapons while committing robbery/dacoity and, therefore, the offence committed by both of them even without the aid of Section 34 of Indian Penal Code would squarely fall within the ambit of provisions of Section 397 of Indian Penal Code. Hence, the contentions canvassed by the learned Counsel for the appellants in this regard on the basis of decision of this Court in the case of Balu Pandharinath Takle (cited supra. suffer from lack of merit and are rejected. 27. So far as law laid down by the Apex Court in the case of Vijayan (cited supra. is concerned, latest and subsequent decision of the Apex Court in the case of Ashfaq (cited supra. needs to be considered wherein the Apex Court has observed that though as a matter of general principle, the point urged with reference to the omission to conduct earlier the test identification parade may be correct, the question as to whether there is any violation of the same in a given case would very much depend on the facts and circumstances of each case and there cannot be any abstract general formula for universal and ready application in all cases. Similarly, the law laid down by the Apex Court in the said judgment further demonstrates that when the eye witnesses were assaulted and seriously injured in the broad daylight, they could have easily seen the faces of the assailants and their appearance and identity would well remain imprinted in their minds. Therefore, omission to hold test identification parade did not affect the credibility or truthfulness of the substantive evidence of such eye witnesses in the Court of law. In the instant case, we have already observed hereinabove, both the eye witnesses, who were injured in the assault, had an ample opportunity to see the faces of the original accused nos. 1 and 2. In the instant case, we have already observed hereinabove, both the eye witnesses, who were injured in the assault, had an ample opportunity to see the faces of the original accused nos. 1 and 2. Therefore, their faces were imprinted in their minds and identification done by these injured witnesses in the Court does not lose its evidentiary value even if the prosecution would have failed to hold earlier the identification parade. In the instant case, the situation is otherwise. The injured witnesses have identified the assailants also in the identification parade though much importance cannot be attached to the said identification parade for the reasons stated hereinabove. The contentions canvassed by the learned Counsel for the appellants in this regard, in our view, suffer from lack of merit and are rejected. 28. Considering the manner in which crime was executed by the original accused nos. 1 and 2, the punishment of life imprisonment awarded to them by the trial Court, in the facts and circumstances of the present case, in our view, is neither harsh nor excessive. 29. So far as original accused no.3 Amjad Khan is concerned, though he was neither armed with deadly weapon nor did he actually participate in the assault, however, with the aid of Section 34 of Indian Penal Code, he is vicariously liable for the offence punishable under Section 394 of Indian Penal Code (lesser offence. since he helped other accused persons to flee away with the cash and, therefore, ends of justice will be met if his sentence of life imprisonment is reduced to rigorous imprisonment for a period of ten years. 30. In the result, Criminal Appeal No.516/2003 filed by appellant Amjad Khan s/o Ibrahim Khan is partly allowed. Though his conviction for the offence punishable under Section 394 of Indian Penal Code is confirmed, however, his sentence is reduced to rigorous imprisonment for a period of ten years from the life imprisonment. Criminal Appeal No.552/2003 filed by appellant Mohammad Shahid s/o Sheikh Babbu and Criminal Appeal No.633/2003 filed by appellant Kamal s/o Matasingh Shiv are dismissed.