ORDER : These appeals are directed against the common judgment of the Division Bench of the High Court of Delhi in Criminal Appeal Nos. 576/2005, 811/2005, 447/2006 and 707 of 2005 dated 31.12.2007. The appellants in Criminal Appeal Nos. 576/2005 and 447/2006 are alone before us. The other two appellants, namely, Vikram Das and Triloki Das before the High Court have not chosen to challenge the above impugned judgment dated 31.12.2007. 2. The case of the prosecution as projected was that on 27.12.2000 a DD No. 26, PP, Sector-16, Rohini within the jurisdiction of Prashant Vihar, Police Station was lodged at about 9.15 p.m to the effect that a dacoity had taken place near the house of PW-5 Kulwant Rana at Village Shahbad, Daulatpur, near Delhi Engineering College. The occurrence took place at House No. 7, Village Shahbad Daulatpur, Delhi. Upon receipt of information, SI Sukhvinder Singh along with others reached the spot which belonged to one Kulwant Rana. Upon enquiry, they came to know that Smt. Saroj Devi, mother of P.W-5 (Kulwant Rana) and Lok Raj Bahadur, the servant of PW-5 were seriously injured in the process of dacoity and both of them were shifted to Jaipur Golden Hospital. Large amount of blood was found all around the house and that other household articles were also found scattered in the said house. It ultimately transpired that Smt. Saroj Devi died while PW-1 was seriously injured and was not even able to make a statement at that point of time. 3. The complaint was registered and subsequently on 07.01.2001 the statement of PW-1 came to be recorded who informed about the involvement of five accused, namely, Ram Nath, Vikram Dass, Manoj Kr. Dass, Triloki Dass along with one Shankar Dass who committed robbery/dacoity in the house of PW-5. in the course of commission of the said offence, they also stated to have used deadly weapons, namely, talwar/rapi and iron doov. Pursuant to the bodily injury caused by them, the mother of PW-5 Smt. Saroj Devi succumbed to the injuries, while PW-1 the servant of PW-5 suffered severe injuries. 4. in the course of commission of the said offence, they also stated to have used deadly weapons, namely, talwar/rapi and iron doov. Pursuant to the bodily injury caused by them, the mother of PW-5 Smt. Saroj Devi succumbed to the injuries, while PW-1 the servant of PW-5 suffered severe injuries. 4. Before the trial Court four of the accused out of five involved in the commission of the offence came to be arrested and proceeded against while the fifth accused Shankar Dass was absconding right from the beginning and he was not included in the present prosecution lodged against the other four accused. The appellants along with the two other accused were charged under Sections 302, 307, 397 and 412 I.P.C. As many as 31 witnesses were examined on the side of the prosecution. Ultimately the appellants along with other two accused were convicted for the offence under Sections 302, 307 and 397 IPC with the aid of Section 34 which Section in our considered opinion and in the facts and circumstances of the case, may not be necessary. 5. For the offence under Section 302, they were imposed with the punishment of life imprisonment apart from fine of Rs. 1,000/- and in default of payment of fine to undergo further simple imprisonment for six months. For the offence under Section 307, they were imposed with the sentence of seven years R.I. along with fine of Rs. 1,000/- and in default of payment of fine to further undergo simple imprisonment for six months. For the offence under Section 397, they were imposed with the imprisonment of seven years R.I. and all the sentences were to run concurrently. 6. The deadly weapons recovered at the instance of the accused in the presence of P.W.-3 were all marked before the trial Court as material objects. The appellants pleaded not guilty and in their reply to the statement under Section 313 Crl.P.C. they took the stand that they were not involved in the offence. There was no defence evidence on their side. The trial Court having convicted the appellants and awarded sentence under Sections 302, 307 and 397 read with Section 34 I.P.C., all the four accused preferred appeals before the High Court and the Division Bench having confirmed the conviction and sentence imposed on the appellants, the appellants are before us. 7. We heard Mr. The trial Court having convicted the appellants and awarded sentence under Sections 302, 307 and 397 read with Section 34 I.P.C., all the four accused preferred appeals before the High Court and the Division Bench having confirmed the conviction and sentence imposed on the appellants, the appellants are before us. 7. We heard Mr. Binay Kumar Das, learned amicus curaie for the appellant in Crl. A. No. 705/2009 and Ms. Nidhi, learned counsel in Criminal Appeal No. 1115 of 2009 appointed by the Supreme Court Legal Services Committee. The respondent-State was represented by Mr. P.K. Dey, learned counsel. 8. The learned counsel for the appellants in their submissions submitted that there were conflicting statements in the evidence of PW-1 and, therefore, his evidence can not be relied upon. It was then contended that the motive for the crime was also not established, inasmuch as, apart from P.W.-5 and P.W-6 there was a councillor also who recommended for payment of compensation to Jija of A-1 which also did not yield any fruitful result. The submission was that only the house of P.W.-5 was targeted and not the other Councillor by name viz Memwati Berwala. It was, therefore, contended that the appellants were innocent and they had no role to play in the alleged offence. It was also submitted that the fingerprints of one of the appellant Manoj Kumar Dass was not recovered while the fingerprints of the other accused were recovered from the place of occurrence. It was therefore contended that in Criminal Appeal No. 1115/2009, the involvement of the appellant in the crime was not made out. It was also contended that the evidence of P.W.1 insofar as it relates to his version that after P.W.7 reached the spot and when he cried for help, while according to P.W.1, the bathroom door was broken, the said version was not supported by P.W.7. It was also contended that while P.W.1 in his version stated that in the course of the alleged assault inflicted on them, he was held by three of the accused and attacked by three other accused and similarly the deceased was held by three of the accused persons when she was inflicted with injuries by three others who later on succumbed to those injuries. P.W.1 did not specify who were the three accused who held them and which of the three accused who inflicted the injuries. P.W.1 did not specify who were the three accused who held them and which of the three accused who inflicted the injuries. It is, therefore, contended that it is not safe to rely upon the solitary version of P.W.1 to convict the appellants along with other accused. It was lastly contended that the appellants are undergoing imprisonment for past 15 years and, therefore this Court should interfere with the punishment imposed on the appellants. 9. As against the submissions, Mr. P.K. Dey, learned counsel for the respondent-State contended that the offence for which the appellants were proceeded against were dacoity and robbery and in that process, the mother of P.W.5 was killed and P.W.1 was seriously injured and five persons were involved in the occurrence and, therefore, it was not necessary for the prosecution to establish the individual role played by each of the accused. Learned counsel, therefore, contended that when once the presence and involvement of five accused including the absconding accused Shankar Dass was made out and there was also no serious dispute about it, the offence under Section 397 was duly made out and consequently the conviction and sentence imposed on the appellants cannot be interfered with. Even as regards the evidence of P.W.1, the learned counsel submitted that except some minor discrepancies in his version on the motive issue, he was certain about the involvement of the appellants and therefore there was no dearth in the prosecution case in order to interfere with the conviction and sentence imposed. 10. Having heard the learned counsel, we are also convinced that the stand of the respondent-State was well founded. When we considered the submissions pertaining to the version of P.W.1, as was rightly pointed out by the learned counsel for the respondent-state the offence for which the appellants were find guilty was dacoity in which a murder has taken place. Reading Section 396 what is required to be proved was that the said offence committed by five or more persons and in the course of commission of the said offence, if any one commits murder by virtue of their conjoint efforts, all the five persons involved in the offence of dacoity were liable both for dacoity as well as the murder for which they were proceeded against. Therefore, the requirement of showing each individual role in the commission of the offence of dacoity and murder is not required. Therefore, the requirement of showing each individual role in the commission of the offence of dacoity and murder is not required. Keeping the said legal position in mind when we analyse the evidence, we find that the version of P.W.1 is unassailable. He was the servant in the house of P.W.5 and joined as such prior to the occurrence on 27.12.2000. in fact one month before the occurrence A-1 and A-2 visited the house of P.W.5 with regard to payment of compensation relating to some accident which had taken place in the factory belonging to P.W.-6 to the Jija of A-1. Therefore, P.W.1 was able to identify those two accused. Again on the date of occurrence, since it happened at around 7.00 p.m. and when P.W.5 was not present they indulged in the attack of P.W.1 and also continued to attack the deceased Saroj Devi. He was therefore able to clearly identify all the four accused even in the Court. It is relevant to note that the accused refused to participate in the Test Identification Parade without any valid reason and, therefore, the identification made by P.W.1 as well as other witnesses in the Court cannot be rejected. Thus the identity of the accused who were proceeded against was clearly established. P.W.1 having been present in the house of P.W. 5 and being the servant was able to give a graphic description of the occurrence as to in what manner the accused caused the severe injuries on his body as well as, on the body of the deceased apart from ransacking the house-hold articles which were found scattered in the house of P.W-5. 11. Though learned counsel attempted to demonstrate certain discrepancies in the version of P.W.1 and P.W.7, we do not find any serious discrepancy in their evidence. The manner of the commission of the offence as narrated by P.W.1 was intact by virtue of the detailed narration made by him before the Court below. in these circumstances, there was no good reason to disbelieve the version of P.W.1. 12. The MLC of P.W.1 and deceased were placed before the Court and they were all spoken to by P.W. 18 (Doctor). in these circumstances, there was no good reason to disbelieve the version of P.W.1. 12. The MLC of P.W.1 and deceased were placed before the Court and they were all spoken to by P.W. 18 (Doctor). in these circumstances, the trial Court was able to reach the conclusion about the involvement of five accused in the occurrence and the recovery of properties which was also duly identified in Test Identification conducted wherein P.W. 5 identified the properties, both cash and other silver coins. The involvement of the appellants along with five accused was thus duly established. 13. A contention was made on behalf of the appellants that there was no motive at all inasmuch apart from P.W.5 one other Municipal councillor also tried to help A-I and A-2 for getting compensation for Jija of A-1 from P.W. 6 and therefore there was no reason for the appellants to commit dacoity in the house of P.W.5 inasmuch as such grievances must have been prevalent even as against the said councillor. We are not able to appreciate the said submission, as we find from the evidence of P.W.5 that at his instance P.W.6 came forward to pay a compensation in two instalments in all a sum of Rs. 25,000/- but yet when A-1 and A-2 were not satisfied with that amount and wanted more compensation, P.W.5 again tried with P.W.6 who refused to pay any more compensation at the instance of A-1 and A-2 as an FIR was already lodged against him pertaining to the accident in which Jija of A-1 had suffered some injury. P.W. 5 has deposed that when A-1 and A-2 were informed about the refusal of P.W.-6 to pay any more compensation, they were annoyed and abused P.W.5 apart from threatening to see him later. in these circumstances, their motive was well established for the ultimate indulgence of their crime falling under Sections 396 and 397 I.P.C. 14. As far as the period of imprisonment undergone by the appellants are concerned, since the appellants have been convicted for the offence under Sections 396 and 397, it provides for life imprisonment. Therefore, it is for the concerned State Government to consider their case to show any indulgence for their continued incarceration. 15. We, therefore, do not find any merit in these appeals. The appeals fail and are accordingly dismissed. 16. For the assistance rendered by learned amicus curiae Mr. Therefore, it is for the concerned State Government to consider their case to show any indulgence for their continued incarceration. 15. We, therefore, do not find any merit in these appeals. The appeals fail and are accordingly dismissed. 16. For the assistance rendered by learned amicus curiae Mr. Binay Kumar Das, we direct payment of Rs. 10,000/- towards his fee.