TUNJAY SINGH @ DURJAY SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Krishna Prasad Singh, learned senior counsel being assisted by Mr. Jharkhandi Upadhyay, learned counsel for the appellant and Dr. Mayanand Jha, learned Additional Public Prosecutor for the State.

(2.) The present appeal is directed against the judgment of conviction dated 13.09.2018 and order of sentence dated 18.09.2018 passed by the Fast Track Court 1 st, Bhojpur at Ara in Sessions Trial No. 33 of 2005 arising out of Jagdishpur P.S. Case No. 201 of 2004 by which the appellant has been convicted for the offences punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for life with a fine of Rs. 5000/- under Section 302 of the Indian Penal Code and rigorous imprisonment for three years with a fine of Rs. 1000/- under Section 27 of the Arms Act. Both the sentences have been ordered to run concurrently. In default of making payment of fine, for both the offences, the appellant has been directed to undergo additional imprisonment for three months.

(3.) Mr. Krishna Prasad Singh, learned senior counsel appearing for the appellant submitted that the impugned judgment of conviction and order of sentence are bad in law as well as on facts. He submitted that none of the witnesses examined on behalf of the prosecution has supported the case of prosecution. The trial court completely misappreciated the evidence adduced on behalf of the prosecution and instead of acquitting the appellant for want of any legal evidence against him, erroneously convicted him in a case of no evidence.