BISHWANATH PRASAD KESHRIALIAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellants have been convicted Under Section 395 I.P.C. and sentenced to R.I. for six months by the 4th Additional Sessions Judge, Vaishali at Hajipur in Sessions Trial No. 54 of 1994/ 3 of 1994 by a judgment dated 18.7.1995.

(2.) THE prosecution case is that in the night between 19/20.7.1993 a dacoity had taken place in the house of the informant (P.W.7) in which the mother of the informant allegedly identified the Appellant Nos. 1 and 3. Subsequently the Appellant No. 2 was put on Test Identification Parade and identified by the P.W.7.

(3.) THE admitted position is that the Appellant Nos. 1 and 3 were well known to the prosecution and in fact there were some civil disputes pending between them, for which Exhibit A and B were brought on record by them. In this background the possibility of false implication cannot be ruled out. As per the evidence of P.W.8, it appears that the Test Identification Parade of Appellant No. 2 was held on 3.9.1993 i.e. almost two months later and in view of the sole identification of Appellant No. 2, I am not inclined to accept the same. Under the circumstances, the prosecution has failed to prove its case beyond all reasonable doubt.