CHANDRAI PAHARIYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) CRIMINAL Appeal (DB) No. 313 of 2000 has been preferred by the appellants from jail whereas Cr. Appeal (DB) No. 361 of 1997 (P) has been filed through lawyer. Since both the appeals arise out of the same order of conviction and sentence, both of them have been taken up together for disposal.

(2.) ALL the four appellants have preferred these appeals against the judgment and order dated 28.4.1997 and 30.4.1997 passed by Sessions Judge Sahibganj in Session Trial No. 99 of 1994 whereby and whereunder all the four appellants have been convicted under Sec. 396 of the Indian Penal Code and sentenced to undergo RI for life.

(3.) THE present appeals have been preferred on the grounds that the learned trial Court has failed to consider the contradictions apparent on the records, ft is further asserted that none of the witnesses examined before the trial Court has asserted that they saw the appellants committing the offence. It is further mentioned that the contradictions available on record itself makes the whole prosecution story doubtful. Learned amicus curiae Sri Raj an Kumar Singh submitted that the appellants could not be identified, as there was no source of light in the dead of night. According to Sri Singh the whole prosecution version becomes doubtful as the appellants residing by the side of the village could not have come to commit dacoity without concealing their faces. Sri Singh further asserted that non -examination of the I.O. has caused material prejudice to the defence. Therefore, the appellant who have already remained in custody for last more than 13 years may be acquitted of the charges.