The central legal point established in the judgment is the significance of corroboration in witness testimony, the assessment of witness reliability in the context of terror and fear, and the entitlement of an accused to the benefit of doubt when identified by only one witness during T.I. parade.

OM.PRAKASH, J.

1. The appellant in each of the three appeals has been convicted for the offence punishable under Section 396 I. P. C. and sentenced to imprisonment for life.

2. Briefly stated, the prosecution case is that on the 19th October, 1979, informant Ajay Kumar Singh (P.W. 19), along with his Bahnoi (brother-in-law) Shyamnandan Singh, the then Deputy Superintendent of Police, Bihar Sharif, was travelling from Rajgir to Bihar Sharif in private bus No. BHP 6511. Shyam Nandan Singh was occupying a front single seat just by the side of the driver. Ajay Kumar Singh was on the seat just behind the seat of his Bahnoi. At about 7.45 P.M. the bus reached near Dalda factory when it stopped as the road was blocked by two bullock carts. As soon as the bus stopped, three armed dacoits entered into the bus from the door meant for the bus driver, switched on the body light of the bus and fired at the right arm of the driver. These dacoits immediately reached near D.S.P. Shyamnandan Singh. The D.S.P. scolded them for committing such crime and turned his head towards back to seck support from other passengers. One worker of the Communist Party occupying the last seat in the bus, also protested against such commission of crime. It was then that the daeoit wielding a revolver shot at Shyamnandan Singh in his chest and the gun shot passed through his chest. The dacoits removed his writ watch and money from his person Shyamnandan Singh made an attempt to catch hold the dacoit. But the dacoit pushed him aside and shot dead the protesting Communist Party worker also. The daeoit along with his associates numbering 6 to 7, looted the bus passengers including the informant and escaped towards the west.

3. Eventually the injured were removed to Bilhar Sharif Hospital Injured Shyamnandan Singh succumbed to his injuries on the way. Later on,, the other two injureds also succumbed to their injuries. Informants fardbeyan was recorded at Bihar Sharif Sadar Hospital at 9 P.M. on the same date.

4. After instituting a case against unknown, police started investigation and arrested a number of suspects who were put on T.I. Parades. The three appellants, besides some others, were identified at the T.I.Parades as dacoits participating in the occurrence. All the three appellants were identified at T.I. parades by informant Ajay Kumar Singh (P.W. 19). Appellant Bhubneshwar Gope was identified at a T.I. parade by a co-passenger Rajendra Singh (P.W. 22) also. On completion of the investigation, the police submitted charge-sheet against the three appellants and five others. In due course all the eight were put on trial.

5. The trial began before the 2nd Addl. Sessions Judge, Nalanda at Bihar Sharif, who without examining informant Ajay Kumar Singht Rajendra Singh and some other witnesses, concluded the hearing and delivered judgment on 10th March, 1981 acquitting all the accused. The State of Bihar preferred an appeal, Govt. Appeal No. 55/81. This Court allowed such appeal and remanded the case for hearing in accordance with law. Then the Additional Sessions Judge examined the remaining P.Ws. and concluded the trial. He acquitted five of the eight accused and convicted the three appellants as above.

6. In their examinations under Section 313, Cr. P. C. the appellants have denied the allegation against them. Their case as put to the informant, P.W. 19 Ajay Kumar Singh, is that after their arrest, they and their photos were shown to him and thereafter they were, put on T.I. parade to be identified by him. Appellant Samsad has taken the plea of alibi also.

7. The occurrence of dacoity has not been challenged on behalf of any of the appellants in this Court. What has been challenged by them is the legality and reliability of their identilcation.

8. In Court, Samsad Mian alias Md. Samsad the appellant in Cr.Appeal 425/88 and Bhuneshwar Gope, the appellant in Cr. Appeal 437/88, have been identified by P.W. 19 Ajay Kumar Singh alone. P.W. 22 Rajendra Smgh has