GANGA RAM BANRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellants have preferred this appeal against the judgment of conviction dtd. 18/2/2017 and order of sentence dtd. 20/2/2017 passed by the Additional Sessions Judge-II, West Singhbhum at Chaibasa in Sessions Trial No. 08 of 2016, whereby the appellants have been held guilty and convicted for the offence punishable under Ss. 302/34 and 201/34 of Indian Penal Code and they have been sentenced to undergo imprisonment for life and a fine of Rs.10,000.00 each under Sec. 302/34 of IPC and rigorous imprisonment for three years and a fine of Rs.5000.00 each for the offence under Sec. 201/34 of IPC. Both the sentences were ordered to run concurrently.

(2.) Mr. Gautam Kumar, learned counsel for the appellants, submits that neither there is eye witness to the occurrence nor there is any legal evidence to implicate these appellants in this case. The only material is the recovery of 'sickle' claimed to be murder weapon, based on the confessional statement of these appellants. This circumstance by itself cannot be a ground to convict these appellants for committing offence punishable under Sec. 302 of IPC.

(3.) Ms. Vandana Bharti, learned counsel for the State, has defended the impugned judgment of conviction and order of sentence and submitted that the sickle was sent to the forensic science laboratory along with the blood stained soil. The blood found in the sickle and also in the soil were human blood of Group-B. She also submits that there was some dispute between the appellants and the deceased which culminated in the murder.