DHARAMBIR TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) ANJANA Prakash, J. 01. The Appellant has been convicted under Section 395 IPC and sentenced to RI for five years by the 1st Additional Sessions Judge, Aurangabad in S.Tr. No. 148/47 of 2000/1999 by judgment and order dated 18/19.07.2001.

(2.) THE case of the prosecution is that the Informant's truck was looted away by some unknown miscreants by the owner and others of a hotel where they had parked their truck. The appellant was not named in the First Information Report but subsequently he was arrested and put on Test Identification Parade where he was identified and, therefore, convicted.

(3.) P . W. 2, Suersh Tiwary is the son of P.W. 1 who supported the occurrence and identified the accused persons including the Appellant in the dock it appears that some of the accused persons who had been named were step -brothers and on litigating terms with him.