CHAMAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Chaman, the appellant before us, along with three others, was tried for an offence under Section 395 of the Indian Penal Code. The Trial Court convicted Chaman and Mangta and sentenced them to undergo rigourous imprisonment for seven years. The other two accused were acquitted. The High Court dismissed the appeal filed by Chaman and Mangta. Chaman has come up to this Court by way of special leave petition.

(2.) The prosecution case was that the complainant Jugmander and his father Samay Singh had a crusher at village Bhalswaganj. On the night between 28th and 29th March, 1975, at mid-night, Samay Singh and his sons Jugmander, Ranjit and Mam Chand were at the crusher which was working, Himmat, Munna and Mahendra were also there. Two bulbs of 100 watts were giving light. Six miscreants armed with pistols, lathis, spears and hockey came to the crusher, inflicted injuries on some of the persons present at the crusher and Samay Singh was relieved of Rs. 50/- and Himmat Singh of Rs.25/-. In the meanwhile Jugmander Singh who had entered the room inside the crusher fired shot from his licenced gun and thereby injured one of the miscreants. All the six persons ran away taking along with the injured. The dead body of the injured was found next morning in the adjoining sugar field. The First Information Report was lodged at 5.40 p.m. on March 29, 1975.

(3.) The conviction is solely based on the evidence of identification. Learned counsel for the appellant has taken us through the proceedings of the identification-parade conducted by the Sub-Divisional Magistrate in the jail premises on May 21, 1975. It has been mentioned in the proceedings that the following marks on the body of the appellant were covered with pieces of paper: