KALLOO Vs. STATE

JUDGEMENT

(1.) There are four appels before me in each of which the Appellant has been convicted under Section 395 IPC and sentenced to seven and a half years R I. by the Court of the Sessions Judge of Allahabad.

(2.) The evidence against each of the Appellants is that of identification by witnesses who alleged to have seen the Appellants in the course of a dacoity which was committed on 3rd of October, 1962, between 10 and 11 P.M. in village Bakerganj, police station Soraon, at the house of Sheo Babu (P.W 1) The villagers are alleged to have come to the scene of occurrence from the north and the south of the house and to have seen the dacoits on the roof of the house as well as at the time when they were coming out of the house. A F.I.R was lodged next morning at-6.15, A.M. in which seven persons were named among the persons alleged to have participated in the dacoity. After investigation by the police, the Investigating Officer decided not to prosecute the persons presumably because the case against them was unsustainable. Others, who were suspected were, however, put up for identification at an identification parade held on the 13th of November, 1962. Each of the four Appellants was said to have been identified by several witnesses at that identification parade.

(3.) The validity and reliability of the test identification proceedings conducted by the Magistrate, Sri M.S. Khan has been strongly assailed before me. It has been argued that the learned Magistrate has made such gross errors in the course of the test identification proceedings held in jail that no reliance whatsoever can be placed upon these proceedings. It is argued that if these identification proceedings are eliminated on the ground of irregularities committed by the, Magistrate, there is no corroboration whatsoever, of the evidence given by the, witnesses;, at the trial that the four Appellants were among the alleged dacoits.