(1.) THE appellants have been convicted u/s.395 I.P.C. and sentenced to R.I. for seven years by a judgment dated 30.11.1994 passed by the 1st Additional Sessions Judge, Araria in Sessions Trial No.3 of 1994/ 457 of 1994. The case of the prosecution is that on 15.4.1993 a dacoity was committed in the house of the informant. The appellants were arrested on suspicion and thereafter put on Test Identification Parade.
(2.) DURING trial the prosecution has examined five witnesses in all. Out of whom, P.W.2 is the informant and P.W.1 and P.W.3 are his family members, who have identified the appellants in Test Identification Parade. P.W.4 is the Judicial Magistrate, who had got conducted the Test Identification Parade on 26.4.1993 and on the fact that the appellants had been identified by the three witnesses. P.W.5 is the Investigating Officer, who corroborated the factum of dacoity.