LALSAHAY URAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Since, this is a jail appeal and the earlier lawyer appointed by the Court has not came today due to some death in his family, hence, on the request of the Court, Shri Kaushal Agarwal argued the case as Amicus Curie. Heard learned Counsel appearing on behalf of the appellant and learned Counsel for the State.

(2.) This appeal is directed against the judgment of conviction dated 12.10.2001 and order of sentence dated 15.10.2001 passed by Sri Radha Govind Singh Nagesh, Additional District and Sessions Judge, Latehar in Sessions Trial Case No. 280 of 1998, by which judgment, he found the appellant guilty for the offence under Sections 149, 324, and 353 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for one yen each. He also found him guilty under Section 307 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years. He also found him guilty under Section 436 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years. However, all the sentences were directed to run concurrently.

(3.) It is submitted by learned Counsel for the appellant arguing as amicus curie that except the evidence of P.W.4, Jaswant Singh, the informant, there is no evidence against the appellant and the evidence of the informant has totally been contradicted by the evidence of P.W.1, Hira Lal Uraon, who stated that the appellant, Lalsahay Uraon is his neighbour and resident of his village and he has no connection with the terrorists and the allegation made by the informant, in that view of the matter, is not correct and the trial court has committed an error of law in convicting the appellant.