NAKALDEEP YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants have been convicted under Section 395 I.P.C. and sentenced to rigorous imprisonment for 10 years by a judgment dated 24.5.1994 by the learned IX, Additional Sessions Judge, Arrah in Sessions Trial No. 14/84.

(2.) The prosecution case is that on the night of 17/18.2.84 a dacoity was committed in the house of the informant by unknown dacoits who decamped with the booty. Subsequently during investigation either the names of the Appellants transpired through confessional statement or through direct statement recorded under Section 161 Code of Criminal Procedure as also the Appellant No. 2 was identified in the Test Identification Parade held on 18.5.1982 by P.W.1 & 5.

(3.) It has been submitted that in court P.W.4 identified Appellant No. 3 whereas P.W.5 identified Appellant Nos. 3 and 5 whereas the Appellant No. 1 was not identified by any one.