HUSSAIN SHEIKH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal is directed against the Judgment of conviction dtd. 5/9/2002 and order of sentence dtd. 6/9/2002 passed by the learned Sessions Judge, Sahibganj, Camp at Rajmahal in Sessions Case No. 324 of 1986/100 of 1993, whereby and whereunder, the appellant having been found guilty of charge under Ss. 364 and 302/34 of Indian Penal Code and has been convicted and sentenced to undergo imprisonment for life for the offence under Sec. 302/34 IPC and R.I. for ten years under Sec. 364 IPC and fine of Rs.1,000.00.

(2.) The learned amicus submitted that beyond the weight of the evidence, the Trial Court has convicted the appellant. He further submitted that there is no direct evidence against the appellant, thus the involvement of the appellant is easily doubted. He also submitted that even after recovery of the dead body on 19/10/1984, the police was not informed about disappearance of the deceased and recovery of the body. The informant if at all knew that the deceased left with the appellant, then why he did not lodge the missing report, creates a doubt about the prosecution case. He also submitted that there is no evidence on record to show that the deceased had been seen in the company of the appellant at the time of occurrence, therefore no inference of guilt of the appellant can be drawn on the basis of this circumstance. As per the appellant, the prosecution has failed to prove the guilt of this appellant beyond all reasonable doubt. The defence had further taken a plea that there was delay in lodging the FIR, which is unexplained and is also fatal for the prosecution. He lastly submitted that on the basis of the aforesaid grounds, the appellant cannot be convicted.

(3.) Counsel for the State submitted that the prosecution has proved the guilt of the appellant beyond all reasonable doubt. She submitted that the deceased on the fateful night was called by this appellant and one Sahadat Seikh and this fact was established from the evidence of Sairabano and Jakir Hussain. She argued that appellant was having illicit relation with the deceased due to which, the deceased became pregnant, and he refused to marry the deceased rather wanted to get rid of her, which also stand proved from the evidence of Mamina Khatoon. She submitted that there is strong motive and circumstances against this appellant as well as one Sahadat Seikh. She lastly submitted that the prosecution has been able to prove its case beyond shadow of all reasonable doubt thus, this appellant has been correctly convicted.