KARIA KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant appeal, under Ss. 374 (2) of the Code of Criminal Procedure, has been preferred against the judgment of conviction dtd. 24/6/2015 and order of sentence dtd. 26/6/2015 passed by the learned Sessions Judge, Lohardaga in Sessions Trial No. 102 of 2012 arising out of Kisko P.S. Case No. 84 of 2011, corresponding to G.R. No. 635 of 2011, whereby and whereunder, the appellant has been convicted under Sec. 302/34 of IPC and sentenced to undergo rigorous imprisonment for life for the said offence along with fine of Rs.10,000.00, in default of payment of fine, he has been directed to further undergo imprisonment for three months. The appellant has also been convicted under Sec. 27 of Arms Act and sentenced to undergo rigorous imprisonment for three years along with fine of Rs.5,000.00 and in default of payment of fine, he has been directed to further undergo simple imprisonment for one months.

(2.) The prosecution story in brief as per the allegation made in the FIR, reads as under:

(3.) (i) Learned counsel for the appellant has submitted that the judgment of conviction passed by the learned trial court is not sustainable in the eyes of law since the same is based upon the testimony of P.W.-1 and P.W.-2 said to be eye witnesses but if their testimonies will be considered, it would be evident that they cannot be said to be eye witnesses.