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4. During investigation of the case Accused No. 1 Amit Patna High Court CR. APP (DB) No.70 of 2014 dt.24-12-2014 Kumar was arrested on 12.05.2006. After his arrest, Amit Kumar recorded his confessional statement on the same day i.e. 12.05.2006 at 15:00 hours (Exhibit-11), which led to recovery of three country- made pistol, six live cartridge of .315 bore, two L.G. Reliance mobile set having SIM No. 9334441756, 9334283829, one black small bag containing 7 coins. Rin Advance was found inscribed over five coins, on the 6th, 7th coin Nestle Acqua Blue Close-up and picture of Goddess Laxmi and Lord Ganesh was found inscribed respectively, four plastic bags, four bills of Om Avantika Distributors, six plain letter-head of Om Avantika Distributors indicating that the firm was dealing with the products of Hindustan Liver Limited, one wedding invitation card sent by Ranjit Kumar, addressed to Sanju Bhaiyaji and family, one old calculator of Citizen Company, one wrist-watch of Libra Company with black dial. Investigating Officer having seized the aforesaid articles from Accused No. 1 further proceeded with the investigation of the case and put Amit Kumar on Test Identification Parade in Danapur Jail on 17.05.2006, who was identified by P.W. 5 Satyendra Singh, P.W. 7 Manoj Kumar as one of the miscreants who actively participated in the occurrence after coming to the office premises in the first floor. The Test Identification Parade of Accused No. 1 was conducted by Judicial Magistrate Chandra Mohan Jha (P.W. 18). The T.I. Chart is marked as Exhibit-12/2. The coins and Patna High Court CR. APP (DB) No.70 of 2014 dt.24-12-2014 other articles recovered from the house of Accused No. 1 Amit Kumar was also put on Test Identification Parade on 06.06.2006 in which the recovered coins and other articles were identified by Sunil Kumar (P.W. 11) and Manoj Kumar Choudhary (P.W. 13), the two employees of the deceased. Test Identification Parade of the articles was conduced on 06.06.2006 by Raj Nandan Wardiar (P.W. 14), Circle Officer, Danapur. The T.I. Chart has been marked as Exhibit-5.

P.W. 12 Ajay Kumar Sinha is the informant of the case and Accountant serving in the office of the deceased. He identified Accused Nos. 1, 2 and 4 in Court.

P.W. 13 Manoj Kumar Choudhary is also an employee of the deceased and is an attesting witness on the fardbeyan.

P.W. 14 Raj Nandan Waradiar served as Circle Officer, Danapur and conducted Test Identification Parade of the recovered articles from the house of Accused No. 1 Amit Kumar.

12. Learned counsel for Accused No. 1 also challenged the identification of the coin and other office articles recovered from the house of Accused No. 1 on the date of his arrest i.e. 12.05.2006 on the ground that those articles were seized in presence of seizure-list witnesses, namely, M/s Om Pal, Shivji Prasad but both were not produced to support the factum of recovery of those articles from the house of Accused No. 1 during the Test Identification Parade held for identification of those articles. In this connection, he further pointed Patna High Court CR. APP (DB) No.70 of 2014 dt.24-12-2014 out that the coin and other articles recovered from the house of Accused No. 1 was produced for Test Identification Parade on 06.06.2006 in which the articles were identified by P.Ws. 11, 13 who are not the seizure-list witness, as such, could not have deposed about the recovery of those articles from the house of Accused No. 1.