STATE OF BIHAR Vs. MAHTON

JUDGEMENT

(1.) THIS government criminal appeal is so preferred by the State under the provisions of Section 378(1)(3) of the Code of Criminal Procedure against the judgment of acquittal so passed by the learned Additional Sessions Judge, III, Patna, dated 31st of March, 1984, while disposing of sessions trial Nos. 491/81 and 560/81 by the common judgment under challenge.

(2.) ALTOGETHER sixteen accused persons faced the trial but during the pendency of the hearing of this appeal because of accused -respondents Ram Pravesh Paswan and Jethu Manjhi dying, the present criminal has abated as against them. That being the position, there remains now fourteen accused -respondents named above.

(3.) THE accused -respondents had abjured the guilt and claimed to be tried and in course of trial on behalf of the prosecution it transpires that as many as nineteen prosecution witnesses so got examined. Four D.Ws are also examined on behalf of the defence. Furthermore, test identification parade of some of the accused persons as suspects was so conducted at two occasions, i.e., on 3.4.1981 and 10.6.1981. The witnesses also identified some of the suspects in the T.I.Parade on the basis of which the T.I.P. charts were so prepared duly proved and marked as exhibits 2 and 5. The T.I.Parade of articles was so also held on 27.6.1981 and relating to such seizure and T.I. Parade held certain documents are proved and marked as exhibits being duly proved by the Circle Officer (P.W.18) conducting T.I.Parade of articles.