GONGA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By Court Heard learned counsel for the appellant and learned counsel for the State.

(2.) The appellant has preferred this appeal against the judgment of conviction and order of sentence dtd. 4/10/2016 passed by the Sessions Judge, West Singhbhum, Chaibasa in Sessions Trial No. 120 of 2014, arising out of Manoharpur Police Station Case No.104 of 2013 corresponding to G.R. No.472 of 2013, whereby and whereunder, the appellant has been convicted for offences under Ss. 302 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life and fine of Rs.10,000.00 for committing the offence punishable under Ss. 302 of the Indian Penal Code and in default of payment of fine, he has been sentenced to undergo further rigorous imprisonment for one year.

(3.) Learned counsel appearing on behalf of the appellant submitted that there is no material and evidence to convict the appellant. It is his contention that there is no eye witness to the occurrence and the prosecution has miserably failed to bring home the charges against the appellant. He submits that the case of the prosecution is based on circumstances and the prosecution has failed to prove the chain of circumstances so as to hold the appellant guilty of the offence. He submits that the prosecution has also failed to prove the motive behind the offence.