NARESH RAJBANSHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellants and learned counsel for the State.

(2.) THE appellants have been convicted under Section 307/34 and 353 of the Indian Penal Code and 27 of the Arms Act and have been sentenced to undergo rigorous imprisonment for five years for the offence under Section 307/34 of the Indian Penal Code and one and half years for the offence under Section 353 of the Indian Penal Code and two years for the offence under Section 27 of the Arms Act and all the sentences had to run concurrently.

(3.) P.W. 3 is the Investigating Officer of this case yet he has stated in his evidence that at the time of occurrence he was along with Officer-In-Charge on evening on patrolling duty. On information about the dacoity of the truck he went along with the Officer-In-Charge and so the road had been restrained by drum of coaltar and 4-5 persons on the cabin of the truck and on seeing the police personnel the accused persons got down from the truck and went away towards the north of the truck on road to the east of the road and fleeing away taking advantage of the darkness and it is alleged that they fired on the police party causing obstruction to the police party and the police also fired. He has further stated that the police chased quite long distance but the miscreants fled away taking advantage of the darkness. However, he has stated that he conducted the raid and two accused persons were arrested in Daudnagar P.S. Case No. 123 of 1995 and they confessed the guilt and disclosed the name of his associates and then he took the appellants on remand in this case and the order-sheet of the case shows that on 12.10.1995 they were taken on the remand in this case. However, Test Identification Parade was conducted on 08.01.1996 as per the evidence of P.W. 7.