NANHEY Vs. STATE OF U P

JUDGEMENT

(1.) The present two appeals arise out of a single judgment dated 28.10.1977 by Shri N.S. Gupta, H.J.S. IV Additional Sessions Judge, Bulandshahar, in Session Trial No. 247 of 1975 heard along with Session Trial No. 373 of 1976. The learned court below had considered charges against six accused persons and convicted the present appellants, Nanhey, Mustaq and Kanchid under Section 396 LP.C. and sentenced each of them to life imprisonment. Appeal No. 2578 of 1977 was preferred by Nanhey and Mustaq, while the other Appeal No. 2579 of 1977 has been preferred by Kanchid challenging the orders of the conviction and sentence.

(2.) It appears that there had been a dacoity in the house of one Tejpal Singh in village Nagla Harnam, police station Anoop Shahar in the district of Bulandshahar in the night between 23/24.7.1974, and during commission of the dacoity Tejpal Singh was shot dead. After investigation, the present three appellants along with others were charge-sheeted and were tried before the Additional Sessions Judge as aforesaid. None was named in the First Information Report and the present appellants have been convicted on the basis of their identification in test identification parade followed by their identification during trial by some witnesses or the other. There is no case of recovery of any incriminating material from any of these appellants in connection with the present charge. The learned Sessions Judge, as it appears from his judgment, had discussed the evidence of identification alone against these appellants and on his satisfaction about the reliability of such evidence, he has recorded the order of conviction and sentence.

(3.) The learned advocates for the appellants and the State took us through the evidence and from their arguments the following points emerge for consideration: