MALDEO SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned Counsel for the appellants and learned Counsel for the state.

(2.) The instant appeal is directed against judgment of conviction and order of sentence dated 7.6.2000 passed by Sri Hemshankar Kumar Singh, 6th Additional Sessions Judge, Palamau at Daltonganj in S.T. No. 515 of 1993 by which judgment all the appellant has been found guilty for the offence Under Section 364 of the I.P.C and convicted and sentenced to undergo R.I. for 10 years and to pay a fine of Rs. 5000/- and in default, further R.I. for 1 year.

(3.) It is submitted by learned Counsel for the appellant that it is a case of circumstantial evidence where the circumstances that the appellants have kidnapped the deceased, Rajan Singh, son of the informant on 9.12.1990 has not been proved beyond reasonable doubt and that during trial the prosecution has changed the entire prosecution case and motive of such kidnapping. Further, he has argued that P.W.3 was subsequently, introduced to make out a case of last seen which has not been stated in the F.I.R and as such the conviction of the appellants based on the evidence of P.W.3 is bad in law and fit to be set aside.