Iqbal and Another Vs. State of U.P.
Indian Penal Code,1860 - Section 396
Appeal against conviction - Conviction cannot be based solely on the identity of the dacoits by the witnesses in the test identification parade - From the appellants as well as from the non -appealing accused persons, not a single item of valuable out of the whole list of stolen articles was recovered - Prosecution ought to have adduced evidence as to how and in what manner the articles which were the subject matter of dacoity were either disposed of or converted - Murder and robbery were part of the same transaction - Consequent upon the disclosure statement, only three kilograms of ghee was recovered - Courts below based the verdict of conviction solely on the oral testimony of PW1 to PW3 and the identification of the appellants and other non-appealing accused in the test identification parade - Serious doubts arise as regards identification of the accused regarding complicity of the appellants in the commission of dacoity and their identification by the witnesses - Conviction set aside.
The Indian Evidence Act, 1872 - Section 9
Test Identification Parade - It is seen that the incident of dacoity was on intervening night of 21/22.09.1979 which was 'amavasya' - Held that on night when it was pitch dark, the witnesses who were frightened and who were hiding themselves behind the walls in order to save themselves, could have seen actual faces of the accused persons just by flash of torch lights on their faces and in the light of lantern -There were about 14-15 dacoits in number, all armed with deadly weapons and were continuously making ingress and egress in the house of the deceased - It becomes inconceivable as to how the witnesses standing at a distance in a feeble light would have been able to identify the dacoits.
Topic(s)-Dacoity - Acquittal
Important Decision(s)- Conviction cannot be based solely on the identity of the dacoits by the witnesses in the test identification parade.