Criminal Appeal (SJ) No. 193 OF 1994 ******** Against the judgment and order of conviction dated 7.6.1994 passed in Sessions Trial No. 67/93 by the learned 4th Additional Sessions Judge, Saran at Chapra. ****** GANESH SINGH S/O KULDIP SINGH R/O VILLAGE- RASIDPUR, P.S. GARKHA, DISTRICT- SARAN (CHAPRA) ……..….. Appellant Versus THE STATE OF BIHAR …..………. Respondent ************ For the Appellant : Mr. Ajay Kr. Thakur Adv. For the State : Mr. J.K. Singh APP. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The appellant has been convicted under Section 395 I.P.C. by the learned 4th Additional Sessions Judge, Saran at Chapra dated 7.6.1994 passed in Sessions Trial No. 67/93 and sentenced to rigorous imprisonment for 10 years. 2. The prosecution case is that on the night of 11.11.1991 a dacoity was committed in the house of the informant in which the appellant also allegedly participated. 3. The prosecution to prove its case examined 9 witnesses out of whom P.W. 1,2,3,4,5,7 are all family members whereas P.W.6 and 9 are formal. 4. On behalf of the appellant one Defence witness was examined and certain documents were brought on record. 5. It has been submitted on behalf of the appellant that he has been identified by P.W. 1 and 2 i.e. informant and his wife during course of dacoity which is improbable since he happens to be a co- villagers and well-known to the informant and, therefore, it does stand to reason that he would have committed this occurrence without concealing his identity. 6. On going through the evidence on record, I find that it is conceded by the informant that he knew that the appellant resided 5- 6 k.m. away from his house and, therefore, this court finds it difficult to sustain the conviction of the appellant on this ground alone. 7. In view of the discussion above, the appeal is allowed and conviction and sentenced of the appellants passed by learned 4th Additional Sessions Judge, Saran at Chapra dated 7.6.1994 in Sessions Trial No. 67/93 is hereby set aside and the appellant is discharged from the liabilities of his bail bonds. Patna High Court, ( Anjana Prakash, J. ) Patna Dated the 31th March, 2011 NAFR/ Fahad.