NARAIN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) There are four appellants in this appeal who stand convicted under Section 395 of the Penal Code and sentenced to undergo rigorous imprisonment for eight years.

(2.) In the night between July 20 and 21, 1980 a dacoity was committed in the house of the informant Lakhmuna Devi PW 4 by 10-12 miscreants. She herself did not identify any of the accused but her nephew Saryug Prasad Singh, PW I-A and son Tej Narayan Singh, PW 3 (who also received gun shot injuries during commission of the dacoity) and another nephew Jamuna Prasad Singh, PW 2 claimed to have identified the appellants among the dacoits. The trial Court has founded its judgment convicting the appellants on the testimonies of the aforesaid three prosecution witnesses.

(3.) Mr. Prakash Narayan Pandey learned Sr. Counsel appearing for the appellants submitted that he had no quarrel with the prosecution case that a dacoity was committed in the house of the informant in the night of July 20/21, 1980 in course of which some of the inmates of the house received gun shot injuries. He, however, seriously questioned and assailed the identification of the appellants as being among the dacoits.