JUDGMENT

R.A. Misra, J. - This appeal arises out of the judgment and order dated 2nd of February, 1979, by Sri S.K. Saxena, VIII Additional Sessions Judge, Meerut, convicting the appellant Nooru of the charge under Section 395 of the Indian Penal Code and sentencing him to undergo R.I. for a period of five years.

2. According to the prosecution story a gang of about 8-10 dacoits committed dacoity in the house of Daya Chand (P.W. 1) on the night between 23rd and 24th of April, 1977 at about 1 A.M. Daya Chand and other residents of the village saw the faces and features of the dacoits in the light available to them. The dacoits made good their escape alongwith the booty after committing dacoity. Daya Chand lodged the report on 24.4.1971 at 8 A.M. naming five persons and claiming to have identified the rest. The. Investigating Officer arrested the appellant Nooru on the night of 7th and 8th of May, 1977 at about 1 A.M. and kept him baparda till lodging him in the district jail. The appellant was put-up for identification in the district jail of Meerut on 30th of May, 1977. Five witnesses, to wit, Daya Chand (P.W. 1), Janam Singh (P.W. 4), Shashi Pal (P.W. 2), Baljeet Singh (not produc