MD. AKHTAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This interlocutory application has been filed under Section 389 (1) of the Code of Criminal Procedure for suspension of the sentence and grant of ad-interim bail, to the appellant namely -Md. Akhtar @ Karu Mian, during the pendency of the appeal.

(2.) The appellant has been convicted for the offence under Sections 364(A), 341, 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment of life and fine of Rs.10,000/- in default thereof to undergo further imprisonment of one year.

(3.) Heard the learned counsel for the appellant and the learned APP and on perusal of the materials on record, it appears that PWs.-10, 11 and 17 have stated that they had seen the deceased with the appellant on 12.08.2014. The F.I.R was lodged on 16.08.2014 and the dead body was recovered on 17.08.2014. It is stated that the shoes of the deceased was recovered from the house of the appellant. The Investigating Officer had seized blood stained earth from the house of the appellant. The Investigating Officer had not sent the blood stained soil for serological examination to the Forensic Science Laboratory. The court below has discussed the laches on the part of the Investigating Officer but has convicted the appellant on the theory that the deceased was last seen with the appellant. P.W.6- the informant has stated that when he made calls on the mobile belonging to him which was in the possession of the deceased, then the appellant had answered the calls. It appears from the materials on record that the phone was recovered on the confessional statement of the appellant from the mobile-shop of one Deepak Kumar. It transpires that Deepak Kumar has not been examined by the prosecution neither C.D.R. details of the recovered mobile was produced by prosecution. It also appears that the shoes recovered from the house of the appellant and the mobile recovered from the shop of Deepak Kumar was not produced in the court below. None of the seizure list witnesses have been examined by the prosecution.