The evidence of identifying witnesses is admissible and reliable if they had the opportunity to observe the features of the accused during the crime and there was sufficient illumination at the scene of occurrence.

H.K.Chaudhuri, J.

1. The learned Sessions Judge of Purnea has convicted the five appellants under Sec.395 of the Indian Penal Code and sentenced them to rigorous imprisonment for 10 years each. Two other persons, Guddar and Lal Mohammad, who were tried along with the appellants were acquitted.

2. The occunence took place on the night between the 13th and 14th November, 1955 in the house of Baijnath Missir (P. W. 1) at village Sonaila within police station Katihar. Baijnath Missir (P. W. 1) and his brother Sheoshankar Missir (P. W. 3) appear to have migrated to this village from East Pakistan some years ago The house of Sheoshankar is adjacent to south of the house of Baijnath, his elder brother. At about 2 A. M. on the night in question Baijnath woke up and found that the house of his brother had been raided by a gang of dacoits. He along with his servant Madhuban Missir rushed to the baithak of Sheoshankar. The dacoits, however, started throwing brickbats at them, as a result of which Madhuban was injured. Both of them returned from the place and Baijnath asked Mudhnban to run to the village and inform the villagers about the occurrence. He then set fire to a heap of straw and began to shout alarm. Achaibar Nath Missir (P. VV. 2), a servant of Sheoshankar, was severely assaulted by the dacoits in the latters baithak. The dacoits then proceeded to the house of Baijnath. Baijnath concealed himself nearby and noticed about 20 or 25 dacoits at his darwaza. Eight or ten of them remained at the entrance door and the rest went inside the house. Soon after the villagers including Tulsi Mochi (P. W. 5), Kalicharan (P. VV. 4) and others came rushing. The dacoits began to throw brickbats at them. The villagers in their turn pelted the dacoits with stones. The dacoits then decamped with a large boaty consisting of clothes, ornaments and other articles. Baijuath, according to the prosecution, asserted before the villagers the same night that he had recognized the five appellants among the dacoits.

3. Early next morning Baijnath sent Achaibar Nath Missir (P. W. 2) and Surendra Nath Missir (P. W. 7), son of Sheoshankar Missir, who also had been injured, to the thana which was at a distance of 10 miles from the scene of occurrence. He also proceeded to the thana immediately after and reached there at 12 noon. Sub-Inspector Ragliubir Singh (P. W. 10) recorded his statement and drew up the first information report (exhibit 1/1). Of the two injured persons Surendra Nath Missir (P. W. 7) was examined by the Sub-Inspector. Achaibar Nath Missir (P. W. 2) could not be examined as he was unable to speak at the time. Both these injured men were sent to Katihar hospital for examination and treatment. The Sub-Inspector left the police station for the spot at about 2 P. M. on the same day. On the way he found Manzurul Haque, one of the five appellants named in the first information report, in a field and arrested him. He found some injuries on his person and prepared an injury report in respect thereof (exhibit 3. On reaching the spot at 4-30 P. M. the Sub-Inspector made an inspection of the scene of occurrence and noticed the ravages done by the dacoits. He found a heap of ashes with pual still burning near zenana house of Baijnath. After examining some witnesses on the spot the Sub-Inspector proceeded to mauza Jhawa, which was at a distance of half a mile from the place of occurrence. Appellant Saiful Haque who is a resident of village Jhawa and appellants Abdul Karim and Jan Mohammad, residents of another contiguous village named Sahja, were arrested. The Sub-Inspector noticed injuries on the person of appellants Saiful and Jan Mohammad (vide injury reports, exhibits 3/1 and 3/2). Appellant Makbul, who also is a resident of village Jhawa, was found absent from his house. He later on surrendered in Court.

4. The defence was a plea of innocence. According to the accused persons they were falsely implicated as there was a serious land dispute be