NIRMAL CHAMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 25th September, 2000 and the order of sentence dated 26th September, 2000 passed by the 1st Additional Sessions Judge, Bhabhua in Sessions Trial No. 220 of 1983/84 of 1997 whereby the Trial Court had found and held the appellants guilty for the offences punishable under Section 395 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for seven years.

(2.) The prosecution case is that at about 11 PM on 09.04.1983, the informant (PW 1) was sleeping in his house. The father of the informant (PW 2) was sleeping in the Khalihan. The sister of the informant, informed the family members that some dacoits had entered the house. The father of the informant raised an alarm. The villagers came there and finally the dacoits ran away taking away with them four boxes containing ornaments, cloths and household articles.

(3.) Altogether, eight witnesses were examined on behalf of the prosecution to prove the charges levelled against the appellants and identification of the appellants. PW 6 Syed Zakir Haque Akhtar is the Investigating Officer of this case. PW 8 Banshlochan Singh was the Additional Chief Judicial Magistrate at the relevant time and he was deputed as the Judicial Magistrate to conduct the Test Identification Parade. PWs 3 and 5 are the formal witnesses who proved various documents in this case. PWs 1, 2, 4 and 5 have been examined on the point of occurrence and identification of the appellants.