CHARAN BOIPAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. R.P. Gupta, learned counsel appearing for the petitioners and Mr. Shekhar Shina, learned A.P.P. for the State.

(2.) This application is directed against the judgment dated 16.07.2004 passed by the learned 1st Additional Sessions Judge, Chaibasa in Cr. Appeal no. 56 of 1996, whereby and whereunder the judgment and order of conviction and sentence passed by the learned S.D.J.M., Sadar, Chaibasa in G.R. Case No. 747 of 1991 (T.R. No. 205 of 1996) by which the petitioners have been convicted for the offence punishable under section 326 of the Indian Penal Code and sentenced to R.I. for three years has been affirmed.

(3.) It has been submitted by the learned counsel for the petitioners that there are several discrepancies in the statement of the witnesses which has not been properly appreciated by the learned courts below. Learned counsel for the petitioners further submits that the Investigating Officer has not been examined and therefore the place of occurrence could not be established. Submission has also been advanced that the Doctor who was examined as P.W. 7 had clearly opined that the injuries could have been sustained on fall on a sharp cutting weapon and therefore it cannot be said that it was the petitioners who had inflicted injuries upon the informant. An alternative argument has been advanced by the learned counsel for the petitioners to the effect that if this Court is not inclined to interfere in the judgment of conviction the period of sentence be reduced considering the fact that the petitioners have remained in custody for some time and are facing the rigours of the prosecution case since the year 1991.