KAMLESH KUMAR RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) This criminal revision application has been filed against the judgment dated 23.05.2014 passed by the Additional Sessions Judge-3rd, Dhanbad in Criminal Appeal No. 95 of 2010 whereby Judgment of conviction and order of sentence dated 19.03.2010 passed by the Judicial Magistrate, Ist, Class, Dhanbad in connection with Govindpur P.S. Case No. 150/2000 corresponding to G.R. Case No. 1694/2000 has been confirmed. The learned trial court found the petitioner guilty and sentenced him to undergo rigorous imprisonment for one year for offence punishable under Section 304(A) of IPC and rigorous imprisonment for six months for offence punishable under Section 279 of IPC and the sentences have been directed to run concurrently. Arguments of the petitioner

(3.) Learned counsel for the petitioner submits that the petitioner has been convicted only on the evidence of two witnesses i.e. the informant of the case and the Doctor. He further submits that even the investigating officer of the case has not been examined before the learned court below to find out the exact cause of death. He has also submitted that the present incident is of the year 2000 and during trial, the petitioner has remained in custody for about two months and about 20 years has now elapsed from the date of the incident, so some sympathetic view may be taken on the point of sentence. Arguments of the opposite party