MUNNA @ MINBAJ, Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned Counsels for the petitioners and learned Counsels for the State.

(2.) THESE three criminal appeals are arising out of the same judgment of conviction and order of sentence dated 04.06.2002 and 05.06.2002 respectively passed by Shri A. Kumar, Additional Judicial Commissioner, F.T.C., Ranchi in Sessions Trial No. 364 of 1999, by which order he found the appellants Munna @ Minbaj, Anil Malakar and Md. Firoz Alam have found guilty under Section 395 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for ten years. He separately found the accused Md. Firoz Alam guilty under Section 397 of the Indian Penal Code and sentenced him to undergo separately for rigorous imprisonment for seven years and he also found him guilty under Section 27 of the Arms Act and sentenced him to undergo rigorous imprisonment for five years. He separately found the accused Md. Firoz Alam guilty under Section 412 of the Indian Penal Code, but since he was already sentenced under Section 395 of the Indian Penal Code, no separate sentence was passed against him.

(3.) IT is submitted by learned Counsel for the appellants that the conviction of the appellants is solely on the basis of Test Identification Parade, which is not in accordance with law. He relied in a decision reported in, 1998 Cri LJ 264 for the said proposition.