ABDUR RAHMAN Vs. STATE

JUDGEMENT

(1.) PARTICIPATION of appellants Abdur Rahman and Ram Prasad in the dacoity committed in the night intervening 6th and 7th December, 1975 in the houses of Polo Singh, Pratap Ram and Tika Ram in village Bagzala within police station Haldwani, district Nainital rests on the evidence of identification.

(2.) THE appellants were arrested by the police and put up for test identification on 11 2 1978. THE identification proceedings were conducted by Sri M. K. Chaturvedi, Magistrate (PW 19). Both the appellants were identified by several witnesses. Out of them the prosecution examined Tika Ram, Nand Ram, Kamal Ram, Km. Hansa, Mohan Rai, Pratap Ram and Polo Singh (PWs 1,2, 3, 4, 5, 6 and 11).

(3.) AS against Ram Prasad there is evidence of two witnesses Km. Hansa & Pratap Ram.