SHANKAR MALLAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) SINCE all the appeals, arise out of common judgment, are heard together and are being disposed of by this common judgment.

(2.) ALL these appeals are directed against the judgment of conviction and order of sentence dated 3.9.2002 and 4.9.2002 passed by Additional District and Sessions Judge, III, Dhanbad in Sessions Trial No. 339/1986, whereby and whereunder the learned Sessions Judge held all the appellants guilty under Sections 365 and 387 IPC and sentenced them to undergo Rl for five years under each sections. However, sentences were directed to run concurrently.

(3.) THE present appeal has been preferred mainly on the ground that the learned trial court has convicted the appellants on conjecture and surmises. According to the learned counsel for the appellants, the learned court below has failed to consider that there was no eye witness of the occurrence and the person, who saw the appellants carrying boys, was not examined. It was further asserted that the 10 of the case has not been examined neither one of the victims Sagar Guha. It has further been pointed out that the first information, as per informant, reported to Dhanbad police in the evening, has not been brought on record. The counsel for the appellants further pointed out that even the letter of demand has not been produced and on mere disclosure of appellant Manoj Kumar Sinha, remaining appellants were tried and convicted, which is not valid in the eye of law. Therefore the appellants deserve to be acquitted of the charges.