SABHAPATI PANDEY AND Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants have been convicted under Section 395 I.P.C. and sentenced to rigorous imprisonment for 7 years by the judgment dated 10.5.1995 by the learned Ist Additional Sessions Judge, Buxar in Sessions Trial No. 108/89.

(2.) The case of the prosecution is that a dacoity was committed in the house of P.W. 3 the informant on 19.6.1988 in which apart from money some cattle was taken away by accused persons including the Appellants.

(3.) The prosecution examined 5 witnesses to prove its case, out of whom P.W. 4 and 5 are formal whereas P.W. 3 is the informant and P.W. 1 and 2 are his sons and Investigating Officer has not examined nor has any independent witness being produced by the prosecution during trial.