JUDGMENT : Sureshwar Thakur, J. 1. The instant appeals stand directed against the judgment of the learned Additional Sessions Judge, Fast Track Court, Solan, Himachal Pradesh, rendered on 25.03.2013 in Sessions Trial No.17 FTC.7 of 2011 whereby the learned trial Court convicted the appellants/accused as under:- Sr. No. Under Section Punishment awarded. 1. 395 IPC To undergo rigorous imprisonment for seven years each and to pay fine of Rs.5000/- each and in default they were to further undergo rigorous imprisonment for six months; 2. 147 IPC To undergo rigorous imprisonment for one year each and to pay fine of Rs.2000/- each and in default they were to further undergo rigorous imprisonment for three months; 3. 323 IPC read with Section 149 IPC To undergo rigorous imprisonment for one year each and to pay fine of Rs.1000/- each and in default they were to further undergo rigorous imprisonment for two months; 4. 324 IPC read with Section 149 IPC To undergo rigorous imprisonment for two years each and to pay fine of Rs.3000/- each and in default they were to further undergo rigorous imprisonment for three months; 5. 342 IPC read with Section 149 IPC To undergo rigorous imprisonment for six months each and to pay fine of Rs.1000/- each and in default they were to further undergo rigorous imprisonment for one month; 6. 427 IPC read with Section 149 IPC To undergo rigorous imprisonment for three months each and to pay fine of Rs.1000/- each and in default they were to further undergo rigorous imprisonment for one month; All the sentences were ordered to run concurrently. 2. The facts relevant to adjudicate the instant case are that on 11.6.2011 at about 3.45 a.m. Manjit Kumar @ Luxmi Chand salesman at Jai Hind Petrol Pump at Kumahrada Dharampur was on duty along with Yog Raj another salesman when accused Banti and Dharamveer came at Petrol pump with a 5 liters green coloured can, purchased diesel of Rs.200/- and gave currency note of Rs.1000/- to Yog Raj who returned them the balance amount of Rs.800/-. Again after about 10-15 minutes, all the accused persons came with a white coloured can for purchasing diesel for their vehicle and purchased the same for Rs.120/-, paid a currency note of Rs.500/- and when Manjit Kumar @ Laxmi Chand went inside the office of Petrol Pump for bringing the balance amount, the accused persons entered the office room and attacked him with kicks and fist blows. It is alleged that all the accused persons in furtherance of their common object gave blows of danda on head of Manjit Kumar which was lying inside the petrol pump and owing to the blows given with force, it got broken into two pieces followed by merciless beatings to both the employees, namely, Manjit Singh and Yog Raj working at Jai Hind Petrol Pump. It is further case of the prosecution that accused persons had inflicted injuries with knife on the persons of Manjit Singh and Yog Raj upon which blood started oozing profusely from the injuries sustained by both the injured persons. In the meanwhile, accused Lakhan Singh entered the office room and removed the entire cash and while taking away the currency notes lying inside the office, the door made up of glass was also banged which was resultantly broken. It is further alleged that after beating Manjit and Yog Raj mercilessly with danda and knife, dragged them into the store and were confined there which was bolted from outside and the accused persons fled away from the spot by vehicle No.DL-8SZ-0444 (Indica Car of Black colour) and also took away with them the mobile phone of Manjit besides BSNL landline set and Tata Indicom set lying in the office of Petrol Pump. Injured Manjit and Yog Raj shouted for help from inside the store but there was none to hear their voice as it was dark around, however, both of them somehow managed to open the window of store room and came out of the same and ran towards the liquor vend nearby and knocked the shutter of the liquor vend for help when one Sanjay Kumar salesman came out who noticed that both Manjit Singh and Yog Raj were bleeding profusely. It is further case of the prosecution that said Sajnay Kumar informed Ashok Gupta (a person who was looking after the affairs of the petrol pump) telephonically about the occurrence. It is further case of the prosecution that said Sajnay Kumar informed Ashok Gupta (a person who was looking after the affairs of the petrol pump) telephonically about the occurrence. Said Ashok Gupta on receiving such information, rushed to the spot and reached there along with his son Vishal Gupta, noticed the injuries sustained by Manjit Kumar as well as Yog Raj and Ashok Gupta telephonically informed police about the incident. On such information being received by the Police, PSI Kshama Dutt along with other police officials visited CHC Dharampur and moved application for conducting medical examination of both the injured persons. PSI Kshama Dutt recorded the statement of injured Yog Raj under Section 154 Cr.P.C. and sent rukka for registration of FIR in pursuance to which FIR No.88 of 2011 came to be recorded. The then SHO Pritam Singh, Police Station, Dharampur along with police officials visited the spot and noticed blood stains on the floor, wall, store room as well as outside the office of petrol pump who lifted blood samples putting in the four papers which were put in a match box followed by preparation of seizure memo affixing seal ‘M’ and also seized two broken pieces of danda made of wood, broken pieces of glass lying in the office of petrol pump which had been identified by Ashok Gupta belonging to his office. Spot map was also prepared. 3. The further case of the prosecution is that one Sanjeev Kumar was owner of black coloured Indica Car bearing registration No.DL-8SZ-0444 but the said vehicle was in possession of Akhilesh Kumar of District Aligarh, U.P. SHO Pritam Singh formed a police team led by SI Sukhdarshan on 16.6.2011 and the team was sent to Delhi in search of vehicle aforesaid as well as the accused persons. Thereafter, SI Sukhdarshan visited village Bheempur, District Aligarh, U.P. whereat Akhilesh Kumar disclosed that he had engaged accused Sonu as a driver on the Indica Car and on being interrogated accused Sonu, he revealed the names of other accused persons who were accompanying him in the aforesaid car on the relevant date. Consequently, the accused persons were arrested. On conclusion of investigations into the offences allegedly committed by the accused a report under Section 173 of the Code of Criminal Procedure stood prepared and filed in the competent Court. 4. Consequently, the accused persons were arrested. On conclusion of investigations into the offences allegedly committed by the accused a report under Section 173 of the Code of Criminal Procedure stood prepared and filed in the competent Court. 4. The accused stood charged by the learned trial Court for theirs committing offences punishable under Sections 147, 323, 324, 342, 427 read with Section 149 IPC and 395 IPC to which they pleaded not guilty and claimed trial. In proof of the prosecution case, the prosecution examined 30 witnesses. On conclusion of recording of the prosecution evidence, the statements of the accused under Section 313 of the Code of Criminal Procedure were recorded by the Court, in which the accused claimed innocence and pleaded false implication. In defence, the accused persons did not choose to lead any evidence. 5. On an appraisal of the evidence on record, the learned trial Court, returned findings of conviction against accused/appellants. 6. The appellants/convicts stand aggrieved by the judgment of conviction recorded against them by the learned trial Court. The learned defence counsel has concertedly and vigorously contended qua the findings of conviction recorded by the learned trial Court standing not based on a proper appreciation of evidence on record rather theirs standing sequelled by gross mis-appreciation of material on record. Hence, he contends qua the findings of conviction being reversed by this Court in the exercise of its appellate jurisdiction and being replaced by findings of acquittal. 7. On the other hand, the learned Deputy Advocate General has with considerable force and vigour, contended qua the findings of conviction recorded by the Court below standing based on a mature and balanced appreciation of evidence on record and theirs not necessitating any interference, rather theirs meriting vindication. 8. This Court with the able assistance of the learned counsel on either side, has, with studied care and incision, evaluated the entire evidence on record. 9. The prosecution case rests upon ocular versions qua the ill-fated incident standing rendered by PW-1 (Manjit Kumar) and PW-2 (Yog Raj). Both in their recorded depositions on oath have rendered a version qua the prosecution case bereft of any inter-se contradictions vis-à-vis their depositions comprised in their respective examinations-in-chief vis-à-vis their respective depositions constituted in their respective cross-examinations besides their depositions stand un-ingrained with any vice of intra-se contradictions vis-à-vis their respective depositions qua the occurrence. Both in their recorded depositions on oath have rendered a version qua the prosecution case bereft of any inter-se contradictions vis-à-vis their depositions comprised in their respective examinations-in-chief vis-à-vis their respective depositions constituted in their respective cross-examinations besides their depositions stand un-ingrained with any vice of intra-se contradictions vis-à-vis their respective depositions qua the occurrence. In sequel, when hence their respective depositions stand un-ingrained with any blemish or taint aforesaid, as a sequitur this Court is constrained to impute implicit sanctity to their testimonies qua the inculpatory role attributed by each to the accused. An accentuated vigor to the probative vigor garnered by the unblemished testimonies qua the ill-fated occurrence rendered by PW-1 and PW-2 is lent by the factum of PW-25 (Dr.Parminder Singh) who subjected both PW-1 and PW-2 to medical examination, in sequel, whereto he prepared MLCs qua them comprised in Ext.PW-25/B and Ext.PW-25/D both whereof stand proven by him testifying of injuries borne on the persons of both PW-1 and PW-2 standing attained thereon at a time contemporaneous to their standing assaulted by the accused, an ensuing inference wherefrom is of hence the timing of the assault deposed by both to stand perpetrated on their respective persons by the accused bearing a synchronization with the opinion rendered by PW-25. Moreover, with PW-25 deposing qua the occurrence of injuries carried on the persons of PW-1 and PW-2 standing begotten with knife Ext.P-4 and Danda which got broken into pieces Ext.P-10 and Ext.P-11 (broken pieces of Danda) sanctifies the ocular account qua the occurrence rendered by injured eye witnesses thereto who have deposed as PW-1 and PW-2. In the FIR lodged qua the occurrence, the complainant had omitted to for lack of familiarity with the identity of the accused enunciate their names therein. However, the prime factum of the accused being the persons who committed the offences alleged against them stand sustained by the depositions of PW-7 (Madan Singh) and PW-8 (Dharam Singh) who in their respective depositions testify qua the factum of their sighting the accused Vinod Kumar, Banti Sharma, Lakhan Singh, Dharam Veer Singh and Sonu respectively in a black coloured Indica Car No.DL-8SZ-0444 at Sanwara. The Investigating Officer in sequel thereto locating the vehicle also his on reaching to its owner PW-11 (Akhilesh Kumar) who testified in his examination-in-chief qua his engaging co-accused Sonu as its driver who in his absence carried the vehicle to District Solan, Himachal Pradesh along with the remaining four accused, testification whereof remaining unshred during the course of his standing subjected to an exacting cross-examination, begets a conclusion of sanctity standing imputed to the fact as occurs in his examination-in-chief of his engaging co-accused Sonu as driver in vehicle No.DL-8SZ-0444 besides credence standing garnered to the fact as disclosed in his examination-in-chief of the aforesaid Sonu in the company of other co-accused in his absence leaving for District Solan, Himachal Pradesh. The effect of the aforesaid un-controverted deposition of PW-11 qua the facts aforesaid disclosed in his examination-in-chief corroborates the testimonies of PW-7 and PW-8 wherein they corroborately forthrightly unveil the factum of their sighting the accused in a black coloured Indica Car No.DL-8SZ-0444 at Sanwara in proximity to the site of occurrence on 10.6.2011. Sequelly, on PWs aforesaid being intra-se corroborative qua the factum of movement of the accused to Solan and of their standing sighted thereat on 10.6.2011 constitute the testimonies to stand on a sacrosanct pedestal. 10. Be that as it may, even if the factum probandum of the persons being the persons who committed the offences for which they stood charged, tried and convicted stands hence established nonetheless for lending potent probative vigor thereto the Investigating Officer had concerted to in accordance with law hold a test identification parade before PW-29 Sunish Aggarwal, the then JMIC, Solan. However, all the accused persons under their joint statement comprised in Ext.PW-29/C refused to participate in the test identification parade. Consequently, an adverse inference as tenably drawn by the learned trial Court is drawable qua the accused, facilitative of a sequelling deduction of their refusal to participate therein standing prodded by an inherent lurking fear in their minds of their participation therein unveiling their identity. 11. In pursuance to a disclosure statement comprised in Ext.PW-1/B made by the accused before the Investigating Officer comprised under memo Ext.PW-4/F proved by PW-4 landline phones (BSNL and Tata Indicom) installed in the petrol pump stood recovered from the bushes of Link Road, Dharampur. 11. In pursuance to a disclosure statement comprised in Ext.PW-1/B made by the accused before the Investigating Officer comprised under memo Ext.PW-4/F proved by PW-4 landline phones (BSNL and Tata Indicom) installed in the petrol pump stood recovered from the bushes of Link Road, Dharampur. Moreover when in pursuance to disclosure statement comprised in Ext.PW-6/A made by accused Vinod Kumar before the Investigating Officer wherein a recital stands recorded of his facilitating recovery of a white coloured plastic can of three liters from bushes, its recovery stood effectuated under seizure memo Ext.PW-1/E proven by PW-6 lends sanctity to the factums recorded in both memos proven by PW-1 and PW-6. In addition, a disclosure statement comprised in Ext.PW-6/B made by accused Banti Sharma before the Investigating Officer containing a disclosure of his enabling recovery of a green coloured plastic can of five liters which stood utilized by him for procuring diesel, in pursuance whereto the apposite recoveries stood effectuated under memo Ext.PW-1/J also lends sanctity to the disclosures comprised in both memos proven by PW-1 and PW-2. Ext.PW-6/C is the disclosure statement made by accused Dharamveer before the Investigating Officer containing a recital of his enabling the Investigating Officer to recover knife Ext.P-4 used by the accused in committing the offences alleged, recovery whereof stood effectuated under Memo Ext.PW-1/F proven by PW-6 also lends sanctity to the factums recorded in both memos proven by PW-6. Ext.PW-1/B is the disclosure statement made by the relevant accused before the Investigating Officer containing a recital of theirs enabling the Investigating Officer to recover broken pieces of danda Ext.P-10 and Ext.P-11 used by the accused in committing the offences alleged recovery whereof stood effectuated under Memo Ext.PW-4/B proven by PW-4 lends sanctity to the factums recorded in both memos proven by PW-4 and PW-1. 12. Therefore, with the prosecution efficaciously proving through PW-4 (Ashok Gupta) and PW-6 (Shankar Lal) the witnesses to items/weapons of offence comprised both in the disclosure statements made respectively by accused aforesaid and the apposite recovery memos prepared in respect thereto the apposite recitals recorded in them, empowers this Court to conclude with aplomb of the prosecution succeeding in firmly connecting the accused in the commission of the offences as alleged against them. Ext.PW-6/E unveils of on the relevant day the petrol pump whereat PW-1 and PW-2 were working as Salesmen transacting business in a sum of Rs.1,37,401/- yet there existed a short fall of Rs.12,128/- which PW-1 and PW-2 depose to stand looted by the accused. Even though the aforesaid sum of Rs.12,128/- proven to be looted by the ocular version of the witnesses aforesaid by the accused from the drawer of the petrol pump stood un-recovered, the mere factum of non-effectuation of its recovery would not erode the genesis of the prosecution version nor would it stain the testimonies of ocular witnesses aforesaid with any vice of concoction or falsehood especially when for reasons attributed herein-above their testimonies stand on a sacrosanct pedestal, besides their standing lent support by efficaciously proven recoveries of various items/weapons of offence preceding whereof apposite disclosure statements stood made before the Investigating Officer by the relevant accused also predominantly when the medical evidence affords succor to the ocular testimonies qua the ill-fated occurrence. 13. For the reasons which have been recorded hereinabove, this Court holds that the learned trial Court below has appraised the entire evidence on record in a wholesome and harmonious manner apart there-from the analysis of the material on record by the learned trial Court does not suffer from any perversity or absurdity of mis-appreciation and non appreciation of evidence on record, rather it has aptly appreciated the material available on record. 14. In view of the above, I find no merit in these appeals which are accordingly dismissed. In sequel, the impugned judgment is affirmed and maintained. Records of the learned trial Court be sent back forthwith. 15. The sentence of imprisonment of seven years, as imposed upon the appellants/accused by the learned trial Court, however, stands modified to the term of sentence of imprisonment already undergone by them. The accused are ordered to be released forthwith if not required in any other case. Release warrants be prepared accordingly.