RATAN HORO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) We have heard the learned counsel appearing for the appellant and the learned counsel for the State at length.

(2.) This Criminal Appeal arises out of the judgment of conviction dtd. 25/7/2006 and order of sentence dtd. 28/7/2006 passed in Sessions Trial No. 471 of 1986 whereby and whereunder learned 1st Additional Judicial Commissioner, Khunti convicted the appellant under Ss. 452/302/120B of the Indian Penal Code and sentenced him to undergo RI for life under Ss. 302/120B of the Indian Penal Code and RI for 7 years under Sec. 452 of the IPC.

(3.) The learned counsel for the appellant submits that there are no materials to convict this appellant in this case. It has been submitted that the entire occurrence had taken place at the dead of night and admittedly there was no source of light in which one could identify this appellant. So far as the identification is concerned PW3 could not be believed as the said PW3 during investigation did not narrate before the investigating officer that he had identified this appellant in the light of torch when the occurrence had taken place. There is no other witness who had seen this appellant committing the offence nor has seen this appellant in the vicinity of the place of occurrence. He submits that on this basis the appellant should be acquitted.