SURENDRA SAHNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants have been convicted under Section 395 IPC and sentenced to RI for seven years by a judgment dated 19.08.1994 in S.Tr. No 252 of 1989 passed by Sessions Judge, Muzaffarpur.

(2.) THE prosecution case is that on the night of 4/5.08.1988 the dacoity was committed in the house of the informant and several house -holds articles were taken away by dacoits.

(3.) DURING trial the prosecution examined nine witnesses out of whom P.W. 1 is the informant whereas P.W. 2, P.W. 3 and P.W. 4 are his family members. P.W. 5 and P.W. 6 are the Judicial Officers who conducted the Test Identification Parade of both the appellants whereas P.W. 7 is the Investigating Officer. P.W. 8 and P.W. 9 are formal in nature. Since the name of the appellants transpired during investigation they were remanded in the present case whereas the Test Identification Parade of the appellant Dharam Deo Singh was held on 06.09.1988 that of Surendra Sahni was held on 29.03.1989.