KARTIK PATRO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal is preferred on behalf of the appellant being aggrieved by the judgment of conviction and order of sentence dtd. 6/10/2016 passed by Learned District and Additional Sessions Judge, Ghatsila, in Sessions Trial No.97 of 2016, whereby and wherein the appellant has been convicted for offence under Sec. 302 I.P.C. He was sentenced to undergo rigorous imprisonment for life with fine of Rs.10,000.00 under Sec. 302 I.P.C.

(2.) Heard learned counsel for the appellant and learned A.P.P. for the State and perused the materials available on record.

(3.) Learned counsel representing the appellant submits that the case rests on the sole witness who is P.W.5 ' Basant Patro, but the said witness is not a reliable witness. It is his case that due to grudge against this appellant, P.W.-5 has deposed against him. He also submits that the murder weapon which is the axe has not been recovered and even if the prosecution version is accepted, the case will fall within the ambit of Exception 4 to Sec. 300 IPC. He also submits that at best the appellant could have been convicted under Part-II of Sec. 304 IPC and not under Sec. 302 IPC.