JAI PRAKASH YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned counsel for the State.

(2.) The instant appeal is directed against the judgment of conviction dated 30.11.2002 and order of sentence dated 2.12.2002 passed in Sessions Case No. 101 of 2001 by Shri Dhrub Narayan Upadhyay, Sessions Judge, Sahibganj, by which he found the appellant, Jai Prakash Yadav guilty under Section 307 of the Indian Penal Code and Section 27 of the Arms Act and sentenced him to R.I. for five years under Section 307 of the Indian Penal Code and R.I. for two years under Section 27 of the Arms Act. Both the sentences shall run concurrently.

(3.) It is submitted by the learned counsel for the appellant that appellant has no direct enmity with the informant rather the enmity with the other co-accused Pintu Singh @ Deepak Kumar Singh because his maternal uncle Sunil Kumar Singh had rivalry with one Bijoy Mishra and informant was seen talking with Bijoy Mishra and as such, conviction of the appellant Jai Prakash Yadav under Section 307 of the Indian Penal Code is bad in law and fit to be set aside. Moreover, he is in custody for more than two years and seven months.