Identification of accused persons during a test identification parade and recovery of stolen property must be supported by reliable evidence in order to sustain a conviction.

1. - The two appeals, listed above, arise out of the same trial and judgment and are, therefore, being disposed of by a common judgment.The appellants, Budhi, Shriya and Makhan Singh, were tried by the learned Additional Sessions Judge, Bharatpur under Sections 395 and 397, IPC. They were convicted and sentenced to rigorous imprisonment for three years and a fine of Rs. 200/-, or in default, further rigorous imprisonment for three months each, under section 395, IPC. They were also convicted and sentenced under Section 397 IPC to rigorous imprisonment for seven years each. Thus sentences were ordered to run concurrently.

2. The basis of the prosecution in this case is the First Information Report lodged by Bhag Chand, PW/1, with the Police Station, Nagwai on April 24, 1976. The report is brief and may, therefore, be reproduced here in verbatum. It reads as follows:-

On the night between April 23 and 24, 1976, at about 11 p. m, a number of bandits broke open the lock of our house situated in village Pili and thus effected their entry into it. My father (Tula Ram) who was sleeping in front of his room heard the noise and informed me about it. My father and I went to call my brother Om Prakash, who was present at that time at our threshing field. Om Prakash my father and I returned from the threshing field and went up on the roof from where Om Prakash fired gunshots at the bandits in defence of our property. The bandits returned the fire and went away from our house. While leaving the house they were flashing torch lights and thus we could see them. The bandits were 8-10 in number. That property, if any, belonging to my brother Ramesh has been stolen, is not known to me. We would check up and inform the police about it later, The bandits also abducted Santosh Kumar son of my brother Ramesh and took him away with them for some distance. They released Santosh Kumar from their custody at some distance from the village.

3. The Sub-Inspector Man Singh, who had received this information at 1.30 a. m. that night, arrived at the scene of occurrence at about 2.30 a. m. the same night. He prepared the site-plan Ex. P/2. He took into possession broken lock, empty cartridges and back portion of a torch and prepared the necessary memos.

4. The list of the stolen property was supplied to the police by Bhag Chand PW/1, on April 26, 1976,

5. It appears that the investigating agency was not able to find any clue to establish the identity of the culprits for a long time. It so happened that the three appellants were being held in police custody in another case (No. 5 of 1976) of the same Police Station. Sub-Inspector Man Singh arranged to send them to the judicial lock-up on , June 5, 1976, on the representation that they were required to be put up for test identification in the present case. Test identification parade was held on June 7, 1976. Bhag Chand, Om Prakash and Santosh Kumar, aforementioned are alleged to have correctly identified all the three appellants in the context of the commission of dacoity in their house. The appellants were formerly arrested by Man Singh, Sub-Inspector, in the present case on June 30, 1976.

6. The prosecution story further goes that while in the custody of the police Shriya made a disclosure statement Ex. P/17, before Head Constable Niranjan Lal, PW/13, on June 14, 1976 at 6.30 a, m. to the effect that he had bidden in his residential house the stolen property which fell to his share, and that he could get the same recovered from there. It is alleged that in consequence of the said information, Head Constable, Niranjan Lal recovered the stolen Jhumki from the house of Shriya in the presence of Jeewan Lal and Sarmanlal on June 15, 1976. Similarly, appellant Makhan Singh is alleged to have disclosed to the Head Constable, Niranjan Lal, on June 15, 1976, vide memo Ex. P/20, that he had concealed the stolen property fallen to his share, and that he can get the same recovered. It is alleged that three days later