LAWS(JHAR)-2010-2-11

LAXMAN GOPE ALIAS YADAV Vs. STATE OF JHARKHAND

Decided On February 03, 2010
LAXMAN GOPE @ YADAV Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

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

(2.) The instant appeal is directed against the judgment of conviction dated 30.5.2000 and order of sentence dated 7.6.2000 passed by Sri Ram Snehi Thakur, 2nd Additional Sessions Judge, Bermo at Tenughat in S.T. No. 51/1994|S.T. No. 11/2000 by which judgment the sole appellant has been found guilty for the offence Under Section 304(11) of the I.P.C and sentenced to undergo R.I. for 7 years.

(3.) It is submitted by learned Counsel for the appellant that conviction of the appellant is only on the basis of the evidence of the informant, P.W.4, Kauleshwar Paswan that a extra judicial confession was made by the deceased which is not possible and contradicted by his own brother, P.W.5. Further, the statement of the doctor that the victim with such injury cannot came to consciousness and give a statement was not considered by the trial court and statement of the informant is only to falsely implicate the appellant, which cannot be relied and hence the judgment of conviction and order of sentence passed by the court below is bid in law and fit to be set aside.