BISHWAMBHAR TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellants have been convicted under Section 395 IPC and sentenced to RI for seven years by the 1st Additional Sessions Judge, Rohtas at Sasaram in S.Tr. No. 211/94/26/95 by judgment and order dated 06.08.1999.

(2.) THE case of the Informant is that on the night of 24/25.06.1992 while he was sleeping on his terrace 8 -10 persons committed dacoity in his house. In the light of electric bulb he claimed identification of the Appellant No. 1 who was his co -villager and could identify the rest if given an opportunity.

(3.) P .W. 1, Anirudh Tiwary is a hearsay witness who supported both the factum of dacoity as well as on the point of identification of the Appellant No. 1.