ILLIAS GOPE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant criminal appeal is directed against the conviction of the sole appellant under Ss. 302/307/449/450 of the Indian Penal Code vide judgment of conviction dtd. 27/6/2019 and order of sentence dtd. 2/7/2019, whereby the sole accused has been convicted for the offence punishable under Sec. 302 of the Indian Penal Code and awarded imprisonment for life with a fine of Rs.10,000.00 for the offence punishable under Sec. 302 of IPC and in case of default in payment of fine, he has to undergo further simple imprisonment for one year, the appellant further sentenced to undergo R.I. for ten years with fine of Rs.5,000.00 for the offence punishable under Sec. 307 of IPC and in case of default in payment of fine he has to undergo S.I. for six months, the appellant further sentenced to undergo R.I. for life with fine of Rs.10,000.00 for offence punishable under Sec. 449 of IPC and in case of default in payment of fine he has to undergo S.I. for one year and appellant further sentenced to undergo R.I for eight years and fine of Rs.5,000.00 for offence punishable under Sec. 450 of IPC and in case of default in payment of fine he has to undergo S.I. for six months.

(2.) Learned counsel for the appellant submits that admittedly from the evidence led by the prosecution, there is no eye witnesses to the said occurrence. Each and every witnesses have categorically stated that no one had seen the commission of murder, that being so conviction of this appellant under Sec. 302 of IPC is absolutely bad. So far as conviction under Sec. 307 of IPC is concerned, he submits that the injured witnesses, though stated that they were assaulted by this appellant by an axe, but surprisingly the prosecution has failed to prove the injury as no injury report was exhibited and proved by the prosecution. Doctor who had treated the injured has also not been produced as witness. When there is specific case of the prosecution that the witnesses have sustained injury the same has to be proved and in absence of such proof, the conviction under Sec. 307 of the IPC cannot be sustained. It is also argued that merely on the basis of the FSL report, the appellant cannot be convicted.

(3.) Learned counsel appearing on behalf of State submits that the murder weapon was recovered on the confession of this appellant and thereafter the murder weapon and other apparels were sent to the forensic science expert and as per the report, the blood found in the murder weapon and other apparels was of human origin. On that basis the appellant has been convicted and there is no illegality in it. The Doctor conducting postmortem found several injuries on the person of the deceased. This is a case where four persons have been murdered out of these three of them are wife and two children of this appellant to which the appellant has not given any probable explanation as to how they died. On the basis of the prosecution story the conviction of the appellant is to be sustained.