Lack of Moonlight : In Nathuni Yadav v. State of Bihar, (1998) 9 SCC 238 Apex Court observed that under what circumstances the lack of moonlight or artificial light does not per se preclude identification of the assailants. See Also: Md. Guljan @ Md. Gulshan Vs. State of Bihar [Patna High Court, 28-10-2016] It was noted as follows: Even assuming that there was no moonlight then, we have to gauge the situation carefully. The proximity at which the assailants would have confronted with the injured, the possibility of some light reaching there from the glow of stars, and the fact that the murder was committed on a roofless terrace are germane factors to be borne in mind while judging whether the victims could have had enough visibility to correctly identify the assailants. Over and above those factors, the assailants were no strangers to the inmates of the tragedy-bound house, the eyewitnesses being well acquainted with the physiognomy of each one of the killers. Therefore, not p...