CRIMINAL APPEAL NO. 69 OF 1994 ******** Against the judgment and order of conviction dated 23.12.1993 passed in Sessions Trial No. 355/1991 by the VIII Addl. Sessions Judge, Purnea ****** 1. JAGDISH MUKHIA S/O JANKU MUKHIA 2. MAHENDRA RISIDEO S/O NUR RISIDEO R/O VILLAGE SISUA, P.S.- BAISI, DISTRICT- ARARIA ……..….. Appellants Versus THE STATE OF BIHAR …..………. Respondent ************ For the Appellant : Mr. Mukul Pandit Adv. For the State : Indu Bala Pandey APP. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The appellants have been convicted under Section 395 and 412 I.P.C. and sentenced to 7 years rigorous imprisonment but no separate sentenced has been awarded under Section 412 I.P.C. by the 8th Addl. Sessions Judge, Purnea by the judgment dated 23.12.1993 in Sessions Trial No. 355 of 1991. 2. The prosecution case is that in the night 28/29 May, 1990 seven dacoits entered the house of the informant and variously committed dacoity. 3. During investigation the appellants were picked up on suspicion and thereafter put on Test Identification Parade and identified by a single witness P.W.1. During investigation a radio was recovered from the house of the accused person but the seizure list witnesses resided their earlier statement despite which the appellants were convicted also under Section 412 I.P.C. 4. Considering the evidence of the witnesses as also the fact that it is a case of single identification of the appellants and they remained in custody for about 4 years out of 7 years that they were sentenced, I am inclined to dismiss the appeal with the modification in sentence to that which has already been undergone. 5. The appeal is dismissed with the aforesaid modification. Patna High Court, ( Anjana Prakash, J. ) Patna Dated the 28th March, 2011 NAFR/ Fahad.