BANMALI SAHU AND ANOTHER Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Sunil Kumar, learned counsel for the petitioners and Mr. Shekhar Sinha, learned A.P.P. for the State.

(2.) This application is directed against the judgment dated 20.01.2015 passed by the learned Additional Sessions Judge-cum-FTC No. I, Gumla in Cr. Appeal No. 59 of 2004 whereby and where under the judgment and order of conviction and sentence dated 18.08.2004 passed by the learned SDJM, Gumla in G.R. No. 36 of 2001 by which the petitioners have been convicted for the offence under Section 325/34 and 323/34 of I.P.C. and sentenced to undergo R.I. for one year and 3 months respectively has been affirmed.

(3.) It has been stated that there are vital contradictions in the evidences of the witnesses produced by the prosecution. It has been stated that there is delay in instituting FIR of 2 months and delay has not been properly explained by the prosecution. It has also been stated that I.O. of the case has not been examined which has prejudiced the case of the defence. He further submits that the FIR was sent to the Court of the C.J.M. after 10 days which also creates a doubt for the prosecution case.