KISHAN MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) We have heard the learned counsel appearing for the appellant and the learned counsel for the State at length.

(2.) This Criminal Appeal arises out of the judgment of conviction dtd. 13/5/2016 and order of sentence dtd. 18/5/2016 passed in Sessions Trial Case No. 296 of 2015 whereby and whereunder learned District and Additional Session Judge, Ghatsila convicted the appellant under Ss. 302 and 201 of the Indian Penal Code and sentenced him to undergo RI for life with a fine of Rs.10,000.00 under Ss. 302 of the Indian Penal Code and RI for five years with a fine of Rs.10,000.00 under Sec. 201 of the Indian Penal Code.

(3.) The learned counsel for the appellant submits that the evidence adduced by the prosecution has not properly been considered. The evidence clearly suggests that the appellant is innocent. There is no material to convict this appellant and in absence of any of the eye-witness, the prosecution failed to implicate the appellant. He further states that solely on the basis of an extra judicial confessional statement of this appellant, he has been convicted, which is bad.