Criminal Appeal (SJ) No. 131 OF 1994 In the matter of an appeal under Section 374 (2) of the Code of Criminal Procedure. ************ Bishundeo Yadav, S/o Domi Yadav, R/o Village-Balam, Police Station Madhepura, District-Madhepura. ……………..(Appellant) Versus THE STATE OF BIHAR------(Respondent) ************ For the Appellant : Mr. Madhaw Prasad Yadav, Adv. For the State : Mr. Choubey Jawahar, 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 IPC and sentenced to six years RI by the District & Sessions Judge, Madhepura by judgment dated 26.04.1994 in Sessions Case No. 62 of 1990. The prosecution case is that on night of 15.01.1988 some persons committed dacoity in his house in which the appellant was identified as one of the dacoits. The prosecution to prove its case examined five witnesses out of whom P.W. 5 is the informant whereas P.W. 1, 2 and 4 are eye-witnesses of the occurrence and P.W. 6 is the Investigating Officer. It has been submitted on behalf of the appellant that admittedly the appellant is a co-villager and it is not natural that he would commit this offence without concealing his identity. The further submission is that even while P.W. 1 has identified the appellant having fire arms in his hand the informant alleged that the appellant had a lathi in his hand therefore there is a material discrepancy in this regard making the story of identification doubtful. In view of the submission, I am inclined to allow the appeal and in the result the judgment dated 26.04.1994 passed by District & Sessions Judge, Madhepura in S.essions Case No. 62 of 1990 is set aside. The appellant is discharged of liability of his bail bond. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 29th March, 2011. NAFR/Vikash/-