MANIJ TOPPO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal is preferred on behalf of the appellant being aggrieved by the judgment of conviction dtd. 21/11/2015 and order of sentence dtd. 24/11/2015, passed by learned Additional Judicial Commissioner - VI, Ranchi, in Sessions Trial No.318 of 2011 arising out of Bariyatu P.S. Case No.427 of 2010 corresponding to G.R. Case No.5722 of 2010, whereby and wherein the appellant has been convicted for offence under Sec. 302 of the IPC, for which he was sentenced to undergo rigorous imprisonment for life with a fine of Rs.2,000.00 and in default of payment of fine amount, further to undergo simple imprisonment for 6 months.

(2.) Heard learned counsel for the appellant and learned A.P.P. for the State and perused the materials available on record.

(3.) Learned counsel representing the appellant submitted that the appellant has been erroneously convicted in this case as the finding of the Trial Court convicting this appellant is without taking into consideration of the fact that except P.W.-7 who is a 9 years old boy, there are no eye-witness to the incident. Learned counsel stated that there are major contradiction in the evidence of the witness and the place from where the appellant was arrested. He further submitted that the alleged tangi used in commission of offence was neither produced before the learned Trial Court nor it was shown to the Doctor to ascertain as to whether the injuries sustained by the deceased can be caused by that tangi. He further submitted that the blood stained soil was not sent for FSL examination. On these grounds, he implored this Court to acquit this appellant.