ETWA MINZ Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been Admitted vide order dated 1st April, 2013 and the record and proceedings of Sessions Trial No. 38 of 2008 was called from the trial court so as to appreciate the arguments for suspension of sentence. This appellant has been convicted by the Additional Judicial Commissioner, Fast Track Court, Khunti in Sessions Trial No. 38 of 2008 and has been sentenced to undergo rigorous imprisonment for 10 years mainly for the offence punishable under Sections 307 and other Sections of the Indian Penal Code and the sentences have been directed to run concurrently.

(2.) This Court has received the record and proceedings of the trial court and we have perused the same.

(3.) Having heard learned counsel for both the sides and looking to the evidences on record, there is a prima facie case in favour of this appellant. As the criminal appeal is pending, we are not much analyzing the evidences on record, but, suffice it to say that it is alleged by the prosecution that the offence has taken place on 11th August, 2007 at about 10.00 p.m. and the offence was registered on 2nd September, 2007. Looking to the depositions of the prosecution witnesses from P.W.1 to P.W.6 and their cross examination, there is prima facie case in favour of the appellant.