SHAILESH YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant interlocutory application has been filed for keeping the sentence in abeyance in connection with the judgment of conviction dtd. 10/8/2023 and order of sentence dtd. 14/8/2023 passed by the learned Additional Sessions Judge-II, Palamau in connection with ST No. 44 of 2022 arising out of Pipra P.S. Case No. 44 of 2018 corresponding to G.R. Case No. 1605 of 2018, whereby and whereunder, the appellant has been found guilty for the offence under sec. 364A of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.10,000.00 and in default of fine simple imprisonment for six months.

(2.) It has been contended by the learned counsel appearing on behalf of the appellant that the appellant has been convicted for commission of the offence under Sec. 364 A of the Indian Penal Code but the ingredient which is to be there for attracting the offence said to be committed under Sec. 364 A of the Indian Penal Code is not available if the testimony of PW 4 (the son of informant), PW 5 (informant), PW 6 (Investigating Officer) and even the victim who has been examined as PW 7.

(3.) It has further been contended by referring to the testimony of Investigating Officer, the PW 6 that in course of investigation, got the mobile number of two persons namely Niranjan Yadav and Ram Pravesh Yadav but no culpability has been found to be connected from the appellant.