BANDHAN NAYAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) The persons were put on trial in a case under Sec. 396 of the Indian Penal Code. During the course of trial, one of them, namely Jamua, died. The appellant was found guilty under Sec. 396 of the Indian Penal Code and was sentenced to undergo imprisonment for life.

(2.) On 8 -7 -1982, P.W. 5 lodged an information with the police that in the previous night there was a dacoity in their house. In course of the dacoity rice and utensils were taken away and Chamar Singh was murdered. P.W. 5 did not name anybody as the person who had committed dacoity in their house. However, during the course of investigation, the appellant and Anr. were apprehended. In the T. I. Parade, the appellant was identified by P. Ws. 2 and 5. The Court below relied on the evidence of these two witnesses and found the appellant guilty.

(3.) P.W. 1 was the son of Chamar Singh; P.W. 2 was the brother of Chamar Singh and P.W. 3 was a neighbour of Chamar Singh and in whose house also there was a dacoity. P.W. 5 was the widow of Chamar Singh. In the Test Identification Parade, these four persons were witnesses. P. Ws. 1 and 3 could not identify anybody from out of the suspects as the person or persons who had committed dacoity in the house of Chamar. However, P.W. 2 and 5 both identified the appellant.