BABURAM KISKU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) We have heard the learned Amicus Curiae 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. 9/2/2016 and order of sentence dtd. 12/2/2016 passed in Sessions Trial No. 31 of 2014 whereby and whereunder learned District and Additional Session Judge, Ghatshila convicted the appellant under Sec. 302 of the Indian Penal Code and sentenced him to undergo RI for life with a fine of Rs.10,000.00.

(3.) The learned Amicus Curiae appearing on behalf of the appellant submits that there is no eye-witness to the said occurrence and in fact, the First Information Report (FIR) is against unknown. The wife of the deceased did not file any missing report about missing of her husband which makes the prosecution case against this appellant doubtful. He further submits that there is no motive and the case being based on circumstantial evidence, the chain of circumstance is not complete. He further argues that the weapon which was recovered and alleged to be murder weapon had been planted and measurement of the said weapon clearly suggests the fact that the same cannot be used to chop the head of the deceased.