FAGU MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) It is pertinent to mention here that one of the Appellants namely Kamlesh Tudu has filed two appeals, Cr.Appeal (DB) No. 276/2018 in which he is the sole appellant and Cr.Appeal(DB) No.230/2018 in which he is one of the appellants. Cr.Appeal(DB)No. 276/2018 is filed by Jharkhand High Court Legal Services Committee and Cr.Appeal(DB)No.230/2018 was filed by himself.

(2.) These criminal appeals are directed against the Judgment of conviction dtd. 12/9/2017 and order of sentence dtd. 22/9/2017 passed by the learned learned Addl. Sessions Judge-VI-cum-Special Judge, FTC, East Singhbhum at Jamshedpur in Sessions Trial Case No. 209 of 2014 & Sessions Trial Case No. 276 of 2014, whereby and whereunder, the appellants having been found guilty of charge under Sec. 376(D) of the Indian Penal Code and have been convicted and sentenced to undergo rigorous imprisonment for life and fine of Rs.20,000.00 each.

(3.) The learned counsel for the appellants submitted that there is no independent eye witness to support the prosecution case. I.O. of the case and the shop owner have not been examined as witness. As per the prosecution case Dashrath Sardar (P.W.3), whom the victim first met after the occurrence, has been declared hostile by the prosecution. He also submitted that all the appellants except Dhiren Tudu are young and none of them have a criminal antecedent.