FAROOQUE HUSSAIN KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal is preferred on behalf of the appellant being aggrieved by the judgment of conviction dtd. 17/6/2003 and order of sentence dtd. 19/6/2003 passed by Learned Sessions Judge, Hazaribag, in Sessions Trial No.215 of 2002, whereby and where under the appellant has been convicted for offence under Sec. 302 IPC. He was sentenced to undergo rigorous imprisonment for life under Sec. 302 IPC.

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

(3.) Learned counsel representing the appellant submits that only on the basis of the sole testimony of the child witness, this appellant has been convicted. There were other witnesses in the house but they were not examined which caused great prejudice to the appellant. The appellant admittedly was not present in his house. The appellant in fact was a School Teacher who was serving at a distant place, and when he was returning after hearing the information about death of his wife, he was arrested. This aforesaid fact was narrated by this appellant while recording his statement under Sec. 313 Cr.P.C., but the Trial Court has not considered the same. He submits that there is no reason to commit murder of the deceased. The Doctor has opined that the head injury can be caused due to fall also. Thus, the statement of the child witness can be easily negated. Reliance has been placed to the judgments reported in (2009) 15 SCC 292 and 2024 (1) JLJR 592.