SHAHJAHAN SEIKH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal is preferred on behalf of the appellant being aggrieved by the judgment of conviction dtd. 26/3/2012 and order of sentence dtd. 28/3/2012, passed by learned Principal Sessions Judge, Pakur, in S.C. Case No.78 of 2010, whereby and wherein the appellant has been convicted in connection with S.C. Case No.78 of 2010, arising out of Maheshpur P.S. Case No.33 of 2010 corresponding to G.R. No.275 of 2010 for offences under Ss. 341, 323, 324, 307 and 302 IPC. He was sentenced to undergo S.I. for 1 month under Sec. 341 IPC, R.I. for 6 months under Sec. 323 of the Indian Penal Code, R.I. for 2 years under Sec. 324 of the IPC, R.I. for 7 years under Sec. 307 IPC with a fine of Rs.1,000.00, and R.I. for life under Sec. 302 of the IPC, with fine of Rs.2,000.00.

(2.) Learned counsel for the appellant submits that the alleged altercation has taken place in presence of several persons but no independent witness has been produced by the prosecution. All the witnesses are related to each other, thus their testimony should be discarded. The statement of the informant is not to be believed as because the informant is the daughter of the deceased and since there was a dispute with her in-laws they all have been roped in this case. It is submitted that the medical evidence does not support the version of any of the alleged eye witnesses. The learned counsel for the appellant submits that there is no motive to commit murder and the murder weapon was also not recovered and produced before the Court. On this basis, acquittal is sought for.

(3.) Learned APP opposes and submits that just because the witnesses are related to each other that does not mean that the prosecution case is false. The eye-witnesses have stated that this appellant and others have assaulted the deceased and committed her murder. The medical evidence supports the prosecution case and there are eye witnesses in support of the prosecution case. Thus, as per the State, this Appeal needs to be dismissed.