MAHENDRA PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted under section 395 Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years by the 2nd Assistant Sessions Judge, Nawadah, by judgment and order of conviction dated 05.07.1996 and 06.07.1996 respectively in Sessions Trial No. 12 of 1994/ 372 of 1994.

(2.) The case of the prosecution is that 18.03.1994 a dacoity was committed in the house of the informant by unknown dacoits.

(3.) During trial the prosecution examined ten witnesses out of whom P.W.10 is the Magistrate, who conducted the test identification parade, whereas, P.W. 1 and 2 are formal witnesses. P.W.7 is the police officer, who initiated the case, whereas, P.W.8 is the main Investigating Officer. P.W.9 is also the police officer, who merely submitted the charge sheet. P.W. 5 is the informant, whereas, P.W. 4 is the father of the informant, P.W.3 is the wife of the informant, P.W.6 is the niece of the informant. The appellant was allegedly arrested on suspicion and put on test identification parade where he was identified by P.W. 3 and 5 i.e. the informant and his wife.