MANNAN @ ABDUL MANNAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel appearing for the appellant as well as learned Additional Public Prosecutor for the State and perused the record.

(2.) ORIGINALLY , this criminal appeal was filed by three appellants but during pendency of the appeal, two appellants, namely, Mannan @ Abdul Mannan and Mukhtar Buchar died and, accordingly, the proceeding of instant appeal was abated against them and this appeal was heard only for the appellant no. 3, namely, Sk. Siddique @ Siddicaquea.

(3.) IN brief, the prosecution case, is that P.W.7, Kapil Deo Prasad Sah gave his Ferdbeyan to officer in charge of Barsoi Police Station on 17.05.1996 at 04:00 A.M. at his door to this effect that on the same day at about 03:00 A.M. some dacoits entered into his house and committed dacoity. In course of dacoity, he identified the appellant and some others in the light of Lalten and in the light of torches flashed by the dacoits.