BALESHWAR PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE solitary appellant, convicted for offence under Section 395 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 7 years by the learned 8th Additional Sessions Judge, Nalanda, on 16.3.1992 in Sessions Trial No. 143 of 1985 arising out of Chandi P.S. Case no. 60 of 1984, has preferred this appeal.

(2.) IN this case of house dacoity instituted against unknown, appellant's name emerged during investigation and on T.I.P. he was identified by P.W.3 Rambali Prasad and P.W.4 Upendra Prasad. A T.I.P. chart is on record as exhibit -3 proved by P.W. 10 Ram Lakhan Prasad, the then Judicial Magistrate, Hilsa. Having regard to the narrow scope in this case, there is no necessity to state much more details.

(3.) IT is contended by the learned counsel for the appellant that though out of three witnesses participating in T.I.P., only two have claimed to identify this appellant but their statements neither corroborate each other nor are consistent with exhibit -3.