SUNIL MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) AS these two appeals arise out of the same judgment, they have been heard together and are being disposed of by this common judgment.

(2.) THESE appeals are against the judgment dated 29.06.1992/30.06.1992 of the 8th Additional Sessions Judge, Nalanda passed in S.T.No. 83 of 1990/9 of 1991 whereby each of the appellants has been convicted under Sec.395 of the Indian Penal Code and sentenced to undergo R.I. for seven years.

(3.) AT the very outset it has to be mentioned here that in this case, T.I.Parades were held twice. The first T.I. Parade was held on 29th August 1989 by the RW. 13 Md. Alam, Judicial Magistrate, 1st Class. According to the deposition of RW. 13, RW. 7 Ram Nandan Singh (informant) had identified accused Naresh Mahto carrying Lathi and Mul Chand Raut carrying Fasuli. RW. 5 Yogendra Singh identified accused Sunil Mahto carrying rifle, Naresh Yadav carrying Lathi and Mul Chand Raut carrying Fasuli. P.W. 4 Sudhir Singh had identified Sunil Mahto carrying rifle, Naresh Yadav carrying Lathi and Mul Chand Raut carrying Fasuli. RW. 6 Ajay Singh had identified Sunil Mahto carrying rifle, Naresh Yadav carrying Lathi and Mul Chand Raut carrying Fasuli. RW. 3 Dilip Kumar had identified Naresh Yadav carrying lathi and Mul Chand Raut carrying Fasuli. RW. 2 Ranjay Singh had identified accused Naresh Yadav carrying Lathi. In this case the 2nd T.I.Parade was held by RW. 8 Shilendra Kumar, Judicial Magistrate on 22nd September 1989. According to the evidence of RW. 8, the informant Ram Nandan Singh (RW. 7) had identified accused Laxmi Mahto carrying pistol and utensils and Mrigendra Prasad carrying bomb, attache and transister. RW. 5 Yogendra Singh had identified accused Mrigendra Prasad, while he was fleeing away from the P. O. RW. 4 Sudhir Singh had identified Laxmi Mahto carrying utensils and pistol, Rakta Jamadar carrying pistol and Mrigendra Prasad carrying bomb and attache. RW. 6 Ajay Singh had identified accused Laxmi Mahto carrying pistol and utensils. RW. 3 Dilip Kumar had identified accused Laxmi Mahto carrying utensils and pistol and Mrigendra Prasad carrying bomb. RW. 1 Krishna Singh had identffied accused Laxmi Mahto carrying pistol and utensils.