RAM SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal is directed against the Judgment of conviction dtd. 2/2/2017 and order of sentence dtd. 4/2/2017 passed by 2nd Additional Sessions Judge-cum-Fast Track Court (Rape Cases), Deoghar in Sessions Trial No. 109 of 2010, whereby and whereunder, the appellant having been found guilty of charges under Sec. 302 of Indian Penal Code, has been sentenced to undergo imprisonment for life and fine of Rs.10,000.00.

(2.) The learned counsel for the appellant submitted that from the facts as narrated by the prosecution, no case under Sec. 302 of the Indian Penal Code is made out against the appellant. He also submitted that there is only one injury on the head of the deceased, as stated by the eye witness and the said fact has been corroborated by the medical evidence,which establishes the point that the conviction could not be under Sec. 302 IPC. He further submitted that the court witness was a Doctor, who stated that the appellant was suffering from schizophrenia. Thus, on these grounds, the counsel for the appellant sought for acquittal of the appellant.

(3.) Learned A.P.P. submitted that the eye witness clearly stated that the appellant gave a blow on the head of the deceased with hammer, which resulted in his death. He further submitted that there is no material to doubt the testimony of eye witness i.e. P.W. 11, who was present at the place of occurrence, that being so, the conviction of the appellant cannot be held to be bad. So far as mental ailment of the appellant is concerned, he submitted that the Doctor has stated that the appellant was admitted in RINPAS on 3/8/2013, which is at least more than three years after the occurrence, thus this medical evidence, whereby the Doctor has stated that the appellant was suffering from schizophrenia, is of no help to the appellant.