SARVE ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsel for the appellant, Ms. Ragini Kumari and learned counsel for the State, Mrs. Nehala Sharmin and Mrs. Priya Shrestha.

(2.) The instant criminal appeal is directed against the conviction of the sole appellant under Sec. 302 of the Indian Penal Code vide judgment of conviction dtd. 31/7/2017 and order of sentence dtd. 4/8/2017, whereby he has been sentenced to undergo imprisonment for life and fine of Rs.20,000.00 under Sec. 302 of IPC.

(3.) Learned counsel for the appellant submitted that the entire conviction is based on conjecture and surmises. There are material contradictions in the statement of the witnesses, which have not been properly appreciated by the Trial Court in fact, as per the counsel appearing on behalf of the appellant, none of the witnesses have supported the case of the prosecution. Admittedly, when there are no eye witnesses to the said occurrence and the case is based on the circumstantial evidence, the chain of the circumstances should be complete and each of the circumstances should be conclusive in nature which should only point towards the guilt of the appellant. Only on the ground that there was marital discord between the deceased and the appellant, the appellant could not have been convicted in this case. Suspicion cannot be a ground however strong it would be, to convict the appellant in absence of any corroborative evidence to suggest that the appellant was involved in the occurrence. On these grounds, he prays to reconsider the judgment passed by the Trial Court and set aside the same.