Criminal Appeal (SJ) No. 10 OF 1997 Against the judgment and order dated 10.12.1996 passed by Sri P.K. Sinha-II, 3rd Additional Sessions Judge, Begusarai in S.C. No. 546 of 1995. ************ Hare Ram Paswan, S/o Ram Bharosha Paswan, resident of Village-Bela, P.S. and District- Khagaria. At present Rajopur, P.S.-Nima Chandpura, Dist.-Begusarai. ……(Appellant) Versus THE STATE OF BIHAR-------(Respondent) ************* For the Appellant : Mr. Pramod Maubansh, Adv. For the State : Dr. Kumar Uday Pratap, 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 394 IPC and sentenced to RI for ten years and a fine of Rs. 5,000/- in default of which a further period of six months RI by the 3rd Additional Sessions Judge, Begusarai in S.C. No. 546 of 1995 by a judgment dated 10.12.1996. 2. The case of the prosecution is that on 29.01.1995 when the informant P.W. 5 was proceeding towards village Rajopur with some empty bags and a sum of Rs. 16,000/- when he was waylaid by three accused persons who asked him for tobacco and when he refused two of the accused persons took out a pistol and threatened him. He was taken off from the bicycle and Rs. 16,000/- which was in his possession was snatched by the accused persons. While this occurrence 2 was going on one tractor with two trailors was passing. The accused attempted to stop the same but the driver of the tractor did not stop so the accused persons shot at the occupants of the tractor on account of which the two traders were seriously injured. Later on injured Narain Sah succumbed to the injuries. The Appellant was not named in the First Information Report and subsequently was arrested on suspicion five months later and had put on Test Identification Parade when he was identified by P.W. 5, the informant. The appellant was also charged under Section 302 IPC and 27 Arms Act but was acquitted of the charges since there was no evidence in its regard. 3. During trial the prosecution examined eight witnesses out of whom P.W. 4 and P.W. 6 are formal witnesses whereas P.W. 7 and P.W. 8 have been declared hostile. P.W. 1 and P.W. 3 are the two Doctors who examined the deceased and held post-mortem examination. P.W. 2 is the Judicial Magistrate who had conducted the Test Identification Parade of the appellant whereas P.W. 5 is the informant himself. 4. On going through the relevant documents it appears that the date of occurrence is 28.01.1995 whereas the Appellant was arrested on 26.05.1995 and the Test Identification Parade was conducted on 17.06.1995 i.e. almost five months of the 3 occurrence. Undoubtedly, only one witness has identified the appellant and the possibility of wrong identification of the Appellant after lapse of five months can not be completely ruled out. In the result, the Appellant is given benefit of doubt and acquitted of the charges. 5. In the result, the appeal is allowed and the judgment dated 10.12.1996 passed by the 3rd Additional Sessions Judge, Begusarai in S.C. No. 546 of 1995 is, hereby, set aside. The appellant is discharged of the liability of his bail bond. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 29th June, 2011. NAFR/Vikash/-