VIDYADHAR KUMBAKAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Ms. Amrita Banerjee, learned counsel for the petitioner and Mr. Sanjay Kumar Pandey, learned A.P.P. for the State.

(2.) This application is directed against the judgment dated 04.01.2001 passed by the learned 1st Additional Sessions Judge, Bokaro in Criminal Appeal No. 23 of 1993 whereby and where under the judgment and order of conviction and sentence dated 06.01993 has been passed by the learned S.D.J.M., Bokaro in G. R. No. 577B of 1987 convicting the petitioner for the offences punishable under Sections 494 and 498A of the I.P.C. and sentencing him to undergo R.I. for 1 year has been affirmed.

(3.) It has been stated by the learned counsel for the petitioner that 7 prosecution witnesses were examined out of whom P.W. Nos. 2, 5 & 6 were declared hostile. She further submits that the entire allegations is based upon the evidence of P.W. Nos. 1, 2 and 4 who all are interested witnesses being the relatives of the informant - P.W. 4. He further submits that the I.O. has not been examined which has caused great prejudice to the defence.