Criminal Appeal (SJ) No. 191 OF 1996 In the matter of an appeal under Section 374(2) of the Code of Criminal Procedure. ************ Bala Bind, S/o Sita Ram Bind, Resident of Village-Rajpur, Police Station Raghunathpur, District-Siwan. ……(Appellants) Versus THE STATE OF BIHAR-------(Respondent) ************* For the Appellants: Mr. Ranjan Prasad, Adv. For the State : Mr. Manoj Kumar-I, APP. ************** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J. 1. The appellant has been convicted under Section 412 IPC and sentenced to RI for five years by the 3rd Additional Sessions Judge, Siwan in S.Tr. No. 68 of 1995/12 of 1996 by a judgment dated 07.08.1996. 2. The case of the prosecution according to P.W. 3, the informant is that a dacoity was committed in his house on 06.01.1995 by unknown dacoits and subsequently certain articles were recovered from the possession of the appellant which ware put on Test Identification Parade and identified by the witnesses. 3. During trial the prosecution in all examined seven witnesses out of whom P.W. 4 and P.W. 6 are the Judicial Magistrates who conducted the Test Identification Parade of the accused persons and P.W. 7 is the Circle Officer in whose presence the TI Parade of the articles was done. P.W. 7 is the Investigating Officer 2 whereas P.W. 1 is the mother of the informant and P.W. 3 is the informant himself. P.W. 2 is a formal witness. 4. On going through the evidence of P.W. 6, I find that he has deposed that a Test Identification Parade was conducted in his presence in which Sundari Devi, Sanjay Singh and Lalti Kumari have neither identified some articles recovered from the house of the appellant. P.W. 3 and P.W. 1 have stated that they have identified the articles as also P.W. 2 has supported the fact of conducting of TI Parade of the articles. However, on going through the articles which had been recovered from the house of the appellant, I find that the some were common place articles and, therefore, even maintaining the conviction of the appellant under Section 412 IPC the sentence is modified to the period already undergone by him during trial. 5. In the result, the appeal is dismissed with aforesaid modification. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 16th May, 2011. NAFR/Vikash/-