RAMRATAN SAH AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants have been convicted under Section 395 I.P.C. and sentenced to R.I. for three years by the 1st Additional Sessions Judge, Kaimur at Bhabhua in Sessions Trial No.68 of 1989/142 of 1999 by a judgment dated 27.11.1999.

(2.) The case of the prosecution is that on the night between 17/18.9.1985 some dacoits entered the house of the Informant Vijay Bahadur Gupta and committed dacoity. He did not identify any of the miscreants, but they were identified by some of the co-villagers in the electric light.

(3.) During trial the prosecution examined nine witnesses in all. Out of whom, P.W.2 Tarkeshwar Dubey is formal witnesses. P.W.3 Ashok Kumar Gupta, P.W.4 Vijay Bahadur Gupta and P.W.5 Parasnath Gupta belong to the same family where the dacoity is said to have been committed. However, none of them claimed to identify any of the accused persons. P.W.1 Harihar Singh is said to have identified the Appellants when they were fleeing away. His attention was drawn to the statement recorded earlier under Section 161 Cr.P.C. and that he had told the Informant about the identification of the accused persons. However, their names do not find place in the First Information Report.