PRAKASH MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS jail appeal has been preferred against the judgment and order dated 17th of April, 1995 passed by the 2nd Additional Sessions Judge, Saharsa in Sessions Trial Case, No. 41 of 1989/ 23 of 1989 convicting the appellants under Section 395 of the Indian Penal Code (hereinafter referred to as 'I.P.C.') and sentenced him to undergo R.I. for 10 years.

(2.) THE accused was charged under Section 395, I.P.C. conjointly with nine other unknown accused -persons for committing road dacoity. As per the prosecution case, the alleged offence took place on 30 -12 -1986 on the road north of village Bangaon, P.S. Bangaon, District Saharsa, The informant Dr. Arjun Prasad Singh (P.W. 6) who was Honorary Secretary of the Central Co -operative Bank went to Supaul from Madhepura by the Bank's Jeep and after inspecting the work of Supaul Branch of Bank proceeded at about 4,00 p.m. for village Sukhpur. The Jeep was being driven by Upendra Yadav (P.W. 4) and he was accompanied with Gajendra Narain Singh (P.W. 5), Kameshwar Singh (P.W. 3) and Sudhir Narain Singh (P.W. 2). It is further alleged that the informant was returning home after attending the social function at about 7.15 p.m. and when he reached at 6th mile post north of village Bangaon, he found the road blocked by putting obstructions by bundles of Hay. The Jeep was stopped. Some of the occupants got down from the Jeep with an intention to remove the obstruction. In the meantime, about 10 unknown persons appeared at the scene and surrounded the vehicle and some of them pointed pistols and directed all the occupants to get down from the Jeep. The informant (P.W. 6) took out his licensed pistol and warned the, culprits, but in the meantime the accused -persons covered his nephew Gajendra Singh (P.W. 5) at the point of pistol and threatened to kill. The informant thereafter put down his arms. All the miscreants took away the valuables from each of the occupants of the Jeep and also snatched the pistol of the informant. The miscreants shut down the informant and his associates inside the vehicle and took away ignition key of the same. It is further case of the prosecution that miscreants also looted an Ambassador car which arrived at the place of occurrence. It is further case of the prosecution that in the headlight of Jeep, the informant and his companions identified some of the accused including the appellant by face. One of the miscreant was limping. After detaining the informant and his men for about three hours, they returned back the key of the vehicle. Thereafter, the informant with his companion left the place and on the next day, i.e. 31 -12 -1986 at 1.30 p.m. after knowing that the place of occurrence lies within the jurisdiction of Bangaon Police Station, lodged his written report (Ext. 2) on the basis of which the case was registered and First Information Report (Ext. 3) was drawn up against 10 unknown persons. During the course of investigation, some of the culprits including the accused -appellant were arrested as suspect. The appellant was put on test identification parade which was conducted by the Judicial Magistrate, Saharsa (P.W. 1). The informant, and other P.Ws. including P.Ws. 2, 4, 5 and 6 identified the accused -appellant on 12 -5 -1987 inside the Saharsa District jail. The Test Identification Parade chart is marked Ext. 1.

(3.) OUT of the six witnesses examined on behalf of the. prosecution, P.W. 1 is the Judicial Magistrate, who conducted the test Identification Parade. He has proved test identification parade chart (Ext. 1 ) and stated that on 12 -5 -1987 in obedience of the direction, the Chief Judicial Magistrate, Saharsa, he got the test identification parade of the accused conducted in jail. 10 persons of similar identity were mixed with the suspect. According to him, the informant Dr. Arjun Pd. Singh (P.W. 6), Upendra Yadav (P.W. 4), Sudhir Narain Singh (P.W. 2) and Gajendra Narain Singh (P.W. 5) identified the suspect (appellant). These witnesses stated that at the time of identification, they had identified the accused -appellant in the head light of the Jeep.