ASHIM KUMAR BISWAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal is preferred on behalf of the appellant being aggrieved by the judgment of conviction dtd. 16/9/2002 and order of sentence dtd. 18/9/2002 passed by Learned Additional District and Sessions Judge, Fast Track Court No.5, Dhanbad, in Sessions Trial No.630 of 1993, whereby and where under the appellant has been convicted for offences under Ss. 302 and 201 IPC. He was sentenced to undergo imprisonment for life with fine of Rs.5,000.00 under Sec. 302 IPC and further to undergo rigorous imprisonment for 07 years with fine of Rs.2,000.00 for offence under Sec. 201 IPC. Both sentences were ordered to run concurrently.

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

(3.) Learned senior counsel representing the appellant prays for acquittal of the appellant on the ground that evidences of most of the prosecution witnesses are contradictory to each other and the prosecution case is based on false and concocted fact. There is an inordinate delay in lodging the F.I.R. and no plausible explanation has been offered for the said delay. It is further argued that the prosecution has failed to prove the business relationship between the deceased and the appellant as has been indicated in the F.I.R. In view of these contradictions, it is urged that prosecution has failed to prove the charge against the accused.