ISRAR ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal is preferred against the judgment of conviction dtd. 31/8/2017 and order of sentence dtd. 12/9/2017 passed in Sessions Trial no. 154 of 2015 by Additional Sessions Judge VI, Garhwa whereby the sole appellant was convicted under Sec. 302 of IPC and sentenced to undergo R.I for life and pay fine of Rs.5000.00.

(2.) Learned counsel for the appellant submits that there is no eye witness to the occurrence and out of 10 prosecution witnesses, 5 turned hostile. The whole prosecution case is based on circumstantial evidence, but the chain of circumstance is neither complete nor proved. She further argues that no independent witnesses have stated that it is this appellant, who had committed the murder. She further contended that the learned Trial Court had wrongly applied Sec. 106 of Evidence Act, when admittedly the prosecution has independently not proved the case. She further submitted that the Trial Court had wrongly convicted the appellant on the basis of extra judicial confession made by the appellant before the informant and police, which is not admissible in law.

(3.) Learned counsel for the State submits that the witnesses have fully supported the case of the prosecution. The appellant has even confessed his guilt before the informant and the medical evidence also supported the prosecution story. She further submits that appellant even failed to explain the circumstance in terms of Sec. 106 of the Evidence Act as to how the deceased died. There is strong motive behind the occurrence as there was marital discord between the appellant and the deceased. Thus, on the facts and circumstances, the Trial Court has rightly convicted the appellant under Sec. 302 of IPC.