KAMTA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN the intervening nights of 13th/14th of January, 1984 while the family members were fast asleep, the unidentified miscreants gained their, access in inner apartment of the house, on breaking door planks and having coerced the house inmates, not only relieved the female members of their ornaments but also removed from the house, a number of household articles which include radios, cycle, watches, blankets, utensils, wearing apparels and also ornaments, and made good their escape.

(2.) THE prosecution was launched on behest of Shiv Shankar Singh, one of the house inmates, and as usual, the investigation commenced, during which the police officer entrusted with onerous task of carrying out investigation, visited the place of occurrence, recorded statement of witnesses, effected recovery of part of booty from the house of Gaya Kurmi, put the suspects on test identification parade, and on conclusion of investigation laid charge-sheet before the Court.

(3.) BEFORE appreciating the contentions raised at baron behalf of the appellants, which were made to assail the finding recorded by the trail Court, first I wish to analyse the evidence placed on record on behalf of the State. Shri Shiv Shankar Singh (P.W. 5) while reiterating his narration made before the police, rendered parallel statement before the trial Court about commission of dacoity in his house in the night of incident by unidentified miscreants, who having coerced the house inmates, removed the house belongings, which also include Gagara and water pot of nickel. The witness, who claimed identification of Kamta Singh, Bachcha Singh and Kameshwar Nonia during the test identification parade that was held on 21st of January, 1984, stated also about test identification proceeding that was held on 6th February, 1984, in which he participated and made identification of Gaya Kurmi, and that apart, the witness would State also about identification of Gagara and water pot of nickel, during the test identification parade of articles. The witness identified those in Court also, who were identified during the test identification parade. Now I may switch over the testimony of another significant witness, namely, Shyamdeo Singh (P.W. 1), and like Shiv Shankar Singh he too claimed identification of Kamta Singh, Bachcha Singh and Kameshwar Nonia during the test identification parade held on 21st of January, 1984. This witness, however, claimed identification of one Prahlad Kurmi also, during the test identification proceeding that was held on 6th of February, 1984. Now I may switch over to the evidence of Dinesh Prasad Verma (P.W. 10), the investigating officer of the case, who got laurel of recovery of part of booty from the house of Gaya Kurmi only after a day of the incident, as the witness would State in most emphatic term about, effecting seizure of Gagara and water pot of nickel, from the house of Gaya Kurmi during the search of his house. The prosecution would rely also on the testimony of Laxman Das (P.W. 12), who conducted test identification proceeding of the articles, and this witness would assert about identification of these articles not only by Shiv Shankar Singh (P.W. 5) but also by Shyamdeo Singh (P.W. 1), Indrapati Devi (P.W. 2), Champa Devi (P.W. 3) and Kamlawati Devi (P.W. 4). The State examined also Rabindra Prasad Sinha (P.W. 6), who conducted the test identification proceeding on 6th of February, 1984, in which Gaya Kurmi and Prahlad Kurmi were identified by two witnesses. D.N. Pandey, Judicial Magistrate P.W. 9 was another witness, who conducted the test identification proceeding held on 21st of January, 1984 and he would render coherent narration as that of identifying witnesses about identification of Kamta Singh, Bachcha Singh and Kameshwar Nonia.