RAJENDRA RABIDAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the Amicus Curiae, Ms. Soumya S. Pandey and learned counsel for the State, Mr. Bhola Nath Ojha, Spl. P.P.

(2.) The instant criminal appeal is directed against the judgment of conviction and order of sentence dtd. 26/5/2006 passed in Sessions Case No. 52 of 2005 by Additional Sessions Judge-I, Pakur by whereby the appellants have been convicted for the offence under Sec. 302/34 of the IPC and sentenced for rigorous imprisonment for life and a fine of Rs.5000.00. Appellant no.1 has already served the sentence and has been released on bail and appellant no. 3 is dead.

(3.) Amicus Curiae submits that there is no evidence to convict the appellants. She submits that prosecution has failed to prove the guilt of the appellants beyond all reasonable doubts. She submits that though the death of the deceased is homicidal and is in the matrimonial home yet there is no corroborative evidence of demand of any money by these appellants. Neither the informant who is brother of the deceased nor the father of the deceased has been examined by the prosecution. Prosecution has not brought any material to suggest the presence of these appellants at the place of occurrence i.e house at the relevant point of time or before.