TUNTUN PASWAN ALIAS DEV NARAYAN PASWAN Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) Both the appellants have been convicted under Section 395 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for seven years each.

(3.) A dacoity took place in the house of the Informant in the night of 6/7th June, 1972. There were about 14 to 15 dacoits. They forcibly entered into his house and looted away the properties. After loot the dacoits fled away. The villagers, who had assembled, chased the dacoits. It is said that appellant Tuntun Paswan was arrested in a chour and thereafter he was taken to the Police station where a case was lodged next morning at 9 a.m. In course of Investigation, Tilo Sada appellant of Criminal Appeal No.. 648/83 was arrested and was put on Test Identification Parade where he was identified by two witnesses. After completing investigation, charge-sheet was submitted agairst these two appellants as well as two other accused persons. Ultimately, these appellants were put on trial where 15 witnesses were examined on behalf of the prosecution. The appellants denied the allegations and pleaded their innocence. Appellant Tuntun Paswan pleaded thai he was atrested from his field. Tilo Sada also pleaded that he has been implicated due to enmity.