RAMDHAN LOHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal is preferred on behalf of the appellants being aggrieved by the judgment of conviction and order of sentence dtd. 30/7/2002, passed by learned IInd Additional Judicial Commissioner, Khunti, in Sessions Trial No.76 of 2000, whereby the appellants have been convicted for offences under Sec. 302/34 IPC. They were sentenced to undergo rigorous imprisonment for life under Sec. 302/34 I.P.C.

(2.) Learned senior counsel representing the appellants submits that save and except the informant, there are no eye witness to the commission of murder. The statement of the informant also cannot be relied upon as he can easily be tutored which is evident from the statement of the witness who has stated that the informant has a very low IQ. He further argues that the informant after seeing the murder, returned to the village and as per the prosecution he informed about the incident to Lilawati Devi, who is her aunt but the prosecution has not examined Lilawati Devi as a witness, thus, what he has stated before Lilawati Devi, has not been proved. Further, the witness P.W.-6 stated that the informant did not disclose the name of these appellants before him. Learned senior counsel argued that without registering the F.I.R., the inquest was done which is absolutely illegal. He further submits that the genesis of the occurrence is that the appellant used to brand the deceased as a witch but there is no evidence on the aforesaid point. As per him, the informant is neither a reliable witness nor an eye witness. He also submits that the place of occurrence has also not been proved.

(3.) Learned A.P.P. representing the State submits that the informant is an eye witness and is son of the deceased. He has witnessed the occurrence and there is nothing in his evidence to disbelieve him. He further submits that the medical evidence corroborates with the ocular evidence and the other witnesses such as P.W.-7 and P.W.-8 have stated about the occurrence. Thus, he submits that the judgment be affirmed.