SHIV SHANKER URAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal arises out of the judgment of conviction and order of sentence both dtd. 30/4/2002 passed in Sessions Case Nos.90/1990 and 78/2001 passed by Sri N.Mishra, learned First Additional Sessions Judge Godda, by which appellant has been convicted under Sec. 302 of Indian Penal Code and sentenced to undergo Imprisonment for life. Further to pay a fine of Rs.10,000.00, in default to undergo Rigorous Imprisonment for 5 years and further he was convicted under Sec. 201 of Indian Penal Code and sentenced to undergo Imprisonment for five years and to pay fine of Rs.1000.00 in default to undergo Rigorous Imprisonment for six months.

(2.) Learned counsel appearing for the appellant submits that the informant (P.W.5) cannot be said to be an eyewitness as he himself has stated that the distance from where assault took place being half kilometre and it is not possible to view the occurrence.

(3.) Learned counsel for the State has defended the impugned judgment of conviction and sentence. It is submitted that P.W.1, P.W.2 and P.W.5 are eyewitnesses of the occurrence. The distance is not actually 500 meters as narrated by the eye witnesses, but actually is a few meters. The deceased and the witnesses were travelling together as P.W.5 was on foot and the deceased was on bicycle. It is submitted that there is specific averment that the appellant has killed the deceased. Further P.W.7 corroborates the statement of the informant. The I.O. had also proved the place of occurrence.