G.S.N. Tripathi, J. - (1.) THE then Vth Addl. Sessions Judge, Varanasi held the accused Jairam guilty on a charge under Section 395, I.P.C. and sentenced him to undergo 5 years' R.I. in S.T. No. 369/78, State v. Bachcha Lal and another.
(2.) THE prosecution story, in brief, is that in the night of 15/16-11-77, a dacoity was committed at the house of the complainant Sobh Nath. THE dacoits were more than five. THEre were torches with the witnesses. A Madai was also burnt, which provided adequate light and in that light, the witnesses identified the accused. In the next morning, an F.I.R. was lodged. The I.O. after usual investigation, submitted a charge sheet.
(3.) ACCUSED Bachcha Lal and Jairam were tried together in the aforesaid Sessions Trial. Bachcha Lal has been acquitted whereas, Jairam has been convicted as noted above on the basis of eye-witness testimony of the identification witness. Apart from it, other evidence is formal in nature.;