BHOLA TAMOLI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD both sides. This appeal is against the judgment of conviction and sentence respectively dated 8.10.2004 and 11.10.2004 of the 5th Additional Sessions Judge, Gaya passed in Sessions Trial No. 171/01/67/01 whereby each of the two appellants has been convicted under Sec. 395 of the Indian Penal Code and sentenced to undergo R.I. for ten years and a fine of Rs. 10,000/ - and in default of payment of fine R.I. for one year.

(2.) Vide FI.R. the prosecution was that in the night of 28/29.5.2000 at 2 A.M. 14 -15 unknown criminals, variously armed, came to the informant who was sitting in front of Anand Lok Hotel and that they looted cash money of Rs. 60/ - from the informant and further by damaging glass of a truck also looted Rs. 15,000/ - from the truck driver and some articles were also looted from some betal shop there. The informant claimed that he had seen the face of the criminals in the light of electric bulb lighting there and he can identify them on seeing again.

(3.) IN course of investigation, the ap - pellants were apprehended and they were put on trial. P.W. 1 Uday Singh and RW. 3. Rajeev Kumar identified the two appellants in TIP. On the basis of identification and also on consideration of the evidence of the witnesses, the appellants have been sentenced as above.