STATE Vs. SHIVAPRASAD RAI T.

JUDGEMENT

(1.) This appeal Crl.A.No.1985/2018 is filed by the State against the acquittal order passed against accused No.5 for the charges levelled against him and Criminal Appeal No.1277/2018 is filed by accused No.4 against the conviction order. Both the matters are listed for final hearing.

(2.) Now, the counsel appearing for the respondent would submits that if no material in respect of accused No.5 is concerned, matter has to be considered by a single judge in respect of accused No.4 for conviction and sentence and not by Division Bench, there is a force in the contention of the counsel appearing for the respondent. Having considered the sentence imposed against accused No.4 is for a period of 7 years with fine for the offences punishable under Sec. 120B, 144, 148, 506, 342, 387, 449 of Indian Penal Code and Sec. 27 of the Arms Act.

(3.) The main contention of the State in this appeal against the acquittal is that the Trial Court committed an error in coming to the conclusion that there is no material evidence to connect the accused No.5 with the crime and the said observation is bereft of any reasoning. The Trial Court not at all appreciated the evidence on record and no sound reasons are assigned and absolutely no deliberation and appreciation on the evidence of prosecution witnesses and hence, it has resulted in miscarriage of justice. The Trial Court while acquitting the accused mainly held that the evidence led by the prosecution is inconsistent and there are material contradictions and the evidence does not inspire confidence.