MD. RAFIQUE Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the learned Counsel for the appellant and learned Counsel for the state.

(2.) THE instant appeal is directed against the judgment of conviction and sentence dated 11.3.2003 passed by Sri Indra Deo Mishra, Additional Sessions Judge, Fast Track Court No. 1, Chatra in Sessions Trial No. 116 of 2002 by which judgment, learned Additional Sessions Judge found the appellant - accused guilty Under Section 458 and 302 of the I.P.C. and convicted him there under. The appellant was sentenced to undergo imprisonment for life Under Section 302 of the I.P.C. and also to undergo R.I. for 3 years Under Section 458 of the I.P.C. However, both the sentences were directed to run concurrently.

(3.) ON the other hand, learned Counsel for the state has opposed the prayer and submitted that as far as the occurrence of murder is concerned, there is single version as given by the prosecution. There is no discrepancy in the statement of the informant -P.W.3 and in the version of the mother of the deceased, P.W.7 and as such, learned trial court rightly convicted the appellant. He has further submitted that all the prosecution witnesses have supported the fact that the injury was caused to the appellant - accused while in course of running away from the roof top of the house of the deceased. He fell down and was caught in a 'khuti' of the 'masjid' and then he was overpowered by the villagers present there, who assaulted him also. The said fact that he fell down from the roof top and caught in the 'khuti' of the 'masjid' has been corroborated by his own statement, Ext. A, as well. As such, the injury received by the appellant have fully been explained and hence, the conviction and sentence of the trial court is well founded and requires no interference by this appellate court.