LAL BABU CHAMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellant has been convicted under Section 395 IPC and sentenced to RI for seven years by the Additional Sessions Judge -III, Rohtas at Sasaram in S.Tr. No. 98 of 1994 by judgment and order dated 07.07.1999.

(2.) THE case of the Informant is that a dacoity was committed in his house in the night between 8/9.07.1992 by unknown miscreants as well as the Appellant who happened to be his co -villager.

(3.) P .W. 1, Asha Devi has stated that she heard the name of the Appellant through her sister -in -law. P.W. 2, Lalmati Devi stated that she identified the Appellant among the dacoits. P.W. 3, Parbati Devi is the Informant who stated that she identified the Appellant during the course of dacoity. P.W. 4, Munia Devi is the mother -in -law of the informant she also identified the Appellant. P.W. 6, Prayag Singh also identified the Appellant. P.W. 5, Lalan Yadav and P.W. 7, Kanhaiya Pandey who came on hulla did not identify the Appellant. P.W. 7 has also stated that there was land dispute between the family of the Appellant and that of the family of the father -in -law of the informant.