K.S. Sidhu, J. - (1.) Balkar Singh, the appellant, and one Kala Singh were jointly tried by the learned Sessions Judge, Bundi, for the offence under C. By his judgment dated February 2, 1978, the learned Sessions Judge found both of them guilty of the charges framed against them. Consequently, he convicted the appellant under section 392/397 I.P.C. and sentenced him to rigorous imprisonment for 10 years and a fine of Rs. 250/- or in default, to further rigorous imprisonment for three months.
(2.) The case of the prosecution, which resulted in the conviction and sentence of the appellant, as aforementioned, is that nearly a month and a half, before December 3, 1973, when the case against the appellant and the co-accused Kala Singh was registered, the appellant and the co-accused had waylaid P.Ws. Bheru, Uda, Rajmal and Omkar in the area of village Adila, P. S. Keshavraipatan, at about 7 00 p.m. and robbed them of their ornaments and even clothings. P. W. Bheru, who lodged the first information report on December 3, 1973, told the police that he and his companions had gone to village Arnetha on the invitation to dinner by his relatives in that village nearly a month and a half before the lodging of the report. He further told the police that they were robbed by Balkar Singh and Kala Singh on their way back from that village. He mentioned in the first information report that the culprits had themselves proclaimed their names in the course of the commission of the crime.
(3.) During the investigation, the appellant was put up for test-identification on December 10, 1973. It is alleged that Bheru and Rajmal correctly identified him in that identification parade. P.Ws. Uda and Omkar were not called upon by the investigating officer to participate in the identification of the appellant at the said parade.;