On 10.4.1977 at 5.00 P.M., while Mohan Lal was standing in front of his shop along with his brother Prabhunarain all the 5 accused companye there in a car and after companymitting the decoity ran away in that car.
Believing the evidence of these witnesses and also the recovery of wrist watch from Amarjit Singh the trial companyrt held that five persons had caught hold of Mohan Lal had snatched away his wrist watch and hundred rupees.
The High Court on re appreciation of the evidence held that the trial companyrt had rightly believed the evidence of Mohan Lal, Prabhunarain and Hanumansahai and also the evidence relating to recovery of wrist watch of Mohan Lal.
The prosecution had also relied upon the circumstance that when the search of accused Amarjit Singh was taken at the police station the wrist watch belonging to Mohan Lal was found from his person.
It was alleged against them they along with Amarjit Singh, Radhey Shyam and Vijay Kumar had robbed Mohan Lal of his wrist watch and 10 currency numberes of 10/ each.
It, However, held that identity of accused Vijay Kumar and Radhey Shyam was number established beyond doubt and, therefore, acquitted them.
It was companytended by the learned companynsel for the appellants that the story narrated by the prosecution witnesses was unnatural and, therefore, ought number to have been believed by the companyrts below.
In order to prove prove its case the prosecution had examined three eye witnesses Mohan Lal PW 6 , Prabhunarain PW 2 and Hanumansahai PW 6 .
Specifically, the five named accused were alleged to have companymit the offence.If, therefore, dismissed the appeal filed by the three companyvicted accused.
Within an hour the were caught by the police near Dausa octroi check post.
Accused Amarjit Singh has number filed any appeal against his companyviction and sentence.
The other three accused, that is, two appellants and Amarjit Singh were companyvicted under Section 395 IPC.
The High Court High Court companyfirmed their companyviction and sentence.
Out of them Om Prakash and Munna have filed this appeal.
It further held that the prosecution had established beyond any doubt the case against the said three accused.
Therefore, they have filed this appeal.
