SIBU GANJHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS criminal appeal has been preferred by the appellant named above against the judgment dated 27.4.1996 passed in S.T. No. 5 of 1994 by Shri Shree Prakash Rai, 5th Additional Judicial Commissioner, Ranchi whereby and whereunder he along with two co -accused person, namely, Raj Kumar Pandit and Namuddin Ansari have been found guilty for the offence punishable under Section 364/34 and 302/34 of the Indian Penal Code and the appellant was convicted and sentenced to undergo R.I. for ten years for the offence under Section 364/34 of the Indian Penal Code and R.I. for life for the offence under Section 302/34 of the Indian Penal Code. However, both the sentences were ordered to run concurrently. It is relevant to mention here that the accused Raj Kumar Pandit and Naimuddin Ansari had preferred Criminal Appeal No. 98 of 1996 against the impugned judgment whereby they were convicted and the said appeal was allowed by the Bench of this Court as per judgment dated 20.3.2001 and the impugned judgment regarding their conviction was set aside and they were acquitted. Appellant Sibu Ganjhu was in custody and he did not file an appeal against the impugned judgment and after the acquittal of the aforesaid two appellants, namely Raj Kumar Pandit and Naimuddin Ansari, this appellant preferred this appeal from jail on 26.6.2002.

(2.) THE prosecution case has arisen on the basis of the written report (Ext. 2/1) of PW 3, Bhukli Devi, the mother of Seema Kumari, aged about 6 or 7 years who is the deceased of this case lodged before the Khelari P.S. on 6.7.1993 at 16.45 hours regarding the occurrence which is said to have taken place on 3.7.1993 at 19.00 hours at H.M.P. Colony, "G" Type Ghowra, P.S. Khelari, District Ranchi and on the basis of the written report, formal F.I.R (Ext. 2) was drawn and the case was instituted on 6.7,1993. The written report and the formal F.I.R. was received in the Court of C.J.M., Ranchi on 7.1993.

(3.) THE appellant has pleaded not guilty to the charge levelled against him and he claims himself to be innocent and to have committed no offence and that he has been falsely implicated in this case due to enmity.