SORAN Vs. STATE

JUDGEMENT

(1.) BOTH these appeals arise out of the judgement dated February 8, 1979 of the IV Additional Sessions Judge, Aligarh in sessions trial no. 341 of 1977.

(2.) ON the night between September 20 and 21, 1976 a dacoity was committed at the house of Babu Lal son of Bhupal Singh of village Kalupur Imloth lying within the jurisdiction of Police Station Jawan in district Aligarh. A large number of persons are said to have committed this dacoity which they are said to have caused injuries to some of the inmates of the house and have carried away some properties.

(3.) PW 10 Sri B. P. Mathur was Executive Magistrate at Aligarh on Notember 18, 1976. On that date he conducted the test indentification proceeding in respect of Sheodan in the District Jail, Aligarh. Sheodan was put up for indentification along with ten similar under trials and with due precautions. He was correctly indentifled by ten persons which included PW 1 Babu Lal, PW 4 Kaliyan Singh, PW 5 Kunwar Pal and PW 6 Sheo Charan. Other six persons who correctly identified him, namely, Bhudeo, Ram Chandra, Makkhan Singh, Chhatra Pal, Doji Ram and Siya Ram have, however, not been produced as witnesses in the case. None of these ten persons committed any mistake.