MOHSIN GADDI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal is preferred on behalf of the appellant being aggrieved by the judgment of conviction and order of sentence dtd. 22/4/2017, passed by learned Additional Judicial Commissioner-VII, Ranchi, in Sessions Trial No.63 of 2016, whereby and wherein the appellant has been convicted for offence under Sec. 302 IPC. He was sentenced to undergo imprisonment for life with fine of Rs.20,000.00 and in default of payment of fine amount, further to undergo imprisonment for six months.

(2.) Learned counsel representing the appellant submits that the case of the prosecution cannot be believed as the F.I.R. is against three persons whereas from the evidence, it would be clear that there is no whisper against the other two accused. He further submits that by no stretch of imagination this case can come within the purview of Sec. 302 IPC, rather at best it is a case under Sec. 304 Part-II of the IPC. There is no evidence to suggest that the deceased was in a position to give a dying declaration. The fact of dying declaration has been cooked up by the prosecution. As per the counsel for the appellant, since there is evidence of only one blow, it cannot be said that the case would fall under Sec. 302 of the IPC. He further submits that there was no intention to commit murder of the deceased and it is evident that there was land dispute. The defence has lastly stated that the Doctor who treated the deceased in injured condition has not been examined, which falsifies the case.

(3.) Learned A.P.P. representing the State submits that all the witnesses have clearly stated that this appellant has committed murder of the deceased. P.W.-2, who is the widow of the deceased has stated that when she went to the place of occurrence after hearing that the deceased has been stabbed, the deceased disclosed to her that it is this appellant who stabbed him. P.W.-3 is also an eye witness and his presence at the place of occurrence is corroborated by P.W.-2. Similar is the situation with P.W.-4. The Doctor who conducted the post-mortem has supported the prosecution case.