PRAKASH BALMUCHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant appeal, under Sec. 374 (2) of the Code of Criminal Procedure, has been preferred against the judgment of conviction and order of sentence dtd. 30/11/1994 passed by learned 2nd Additional Sessions Judge, Chaibasa, in Sessions Trial No. 543 of 1990, whereby and whereunder, the sole appellant has been convicted for commission of offence under Sec. 376, 302 and 201 of Indian Penal Code and sentenced to undergo imprisonment for life for the offence committed under Sec. 302 and has been further sentence to five years for the offence under Sec. 376 of I.P.C. and both the sentences passed were directed to run concurrently.

(2.) The prosecution story in brief as per the allegation made in the Fard Beyan by one Joseph Vengra, father of the deceased at about 8:30 a.m. on 29/12/1989, reads as under:

(3.) The prosecution in order to prove the charge levelled against the appellant has examined 10 witnesses as also relying upon the confession made by the appellant before P.W. 4 and P.W. 5 leading to recovery and considering the exhibit as also the post-mortem report, the learned trial court has found the charges proved against the appellant and convicted for the offence committed under Ss. 376 and 302 and 201 of I.P.C. and sentenced to undergo rigorous imprisonment for five years and imprisonment for life, respectively.