BIJOY BAHADUR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellants have been convicted under Section 395 and 397 of the Indian Penal Code and sentenced to rigorous imprisonment for ten years under each count and also under Section 412 of the Indian Penal Code and sentenced to three years rigorous imprisonment by the 1st Additional Sessions Judge, Bhabhua, in Sessions Trial No. 109/74 of 1984/1990 by a Judgment dated 15.1.1994 and further Appellant No. 1 under Section 412 of the Indian Penal Code. The prosecution case is that on the night of 27.11.1983, about 10 -15 miscreants committed dacoity in his house in which the Appellants were identified by the Informant.

(2.) THE prosecution in all examined 17 witnesses out of whom PW -10 and PW -12 are formal witnesses whereas PW -3 is the Magistrate who held the Test Identification Parade and PW -14 and PW -15 are seizure list witnesses whereas PW -9 is the Informant and PW -7 and 8 are the son and daughter of the Informant respectively. PW -4 was the Circle Officer who conducted Test Identification Parade of the articles. PW -1 and PW -6 are employees of the Informant have supported the factum of occurrence as also that he identified the present Appellants. PW -5 is the Doctor who examined the Informant and found gun shot injuries on him. PW -11 is the Investigating Officer of the case.

(3.) EVIDENTLY , the factum of occurrence was not denied by the Appellants but it was their participation which was called to question.