UMESH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present appeal has already been admitted by this Court vide order dated 7th January, 2013 and record and proceedings of Sessions Trial No. 23 of 2009 was called for from the Trial Court so as to appreciate the arguments for suspension of sentence under Section 389 of the Code of Criminal Procedure. These appellants have been convicted and punished by District and Additional Sessions Judge-II, Dhanbad in Sessions Trial No. 23 of 2009 for life imprisonment for the offence punishable under Section 302 to be read with Section 34 of the Indian Penal Code and they are also punished for rigorous imprisonment for 10 years and fine of Rs. 10,000/- for the offence punishable under Section 394 of the Indian Penal Code. They are also punished for rigorous imprisonment for 10 years and fine for the offence punishable under Section 412 of the Indian Penal Code.

(2.) Record and proceedings of the Sessions Trial No. 23 of 2009 has been received by this Court and we have perused the same and we have also heard counsels for both the sides at length.

(3.) Having heard counsels for both the sides and looking to the evidences on record, there is a, prima facie, case against both these appellants. As the Criminal Appeal is pending, we are not much analyzing the evidences on record, but, suffice it to say that the incident has taken place on 3rd January, 2008. The person who has been murdered namely, Ashraf Khan was a driver of a truck and these appellants boarded in his truck and on the point of gun, they committed offences as alleged in the First Information Report lodged by Ashraf Khan on 4th January, 2008 at about 1.00 a.m. PW. 7-Doctor has signed the First Information Report. The person, who has given information, has expired on 5th January, 2008. Looking to the evidences of PW. 4 and PW. 5 to be read with the First Information Report there is a, prima facie, case against these appellants. Counsel for the appellants has argued the case at length but we are not much analyzing the evidences of PW. 4 and PW. 5 otherwise, nothing will be left to be decided in the criminal appeal, but, suffice it to say that prima facie what is stated in their examination-in-chief, remains intact even looking to their cross examination. Their evidences along with First Information Report, prima facie, proves accusations against these appellants. Their evidences are also getting enough corroboration by the deposition, given by PW. 7 who is Doctor Ruben Hembram who has treated firstly, Ashraf Khan, who is an informant and subsequently deceased. PW. 7 has given treatment to the informant at Sadar Hospital, City of Dhanbad.