SHIBU DEHARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) NOBODY appears on behalf of the appellant on repeated call. At the request of the Court Mr. P. K. Sahay, Advocate argued the case on behalf of the appellant as amicus curiae.

(2.) THIS appeal is directed against the judgment of conviction dated 10.5.2001 and order of sentence dated 11.5.2001 passed by Shri Satya Prakash, 2nd Additional Sessions Judge, Dumka in Sessions Case No. 142 of 1996, by which judgment he found the appellant guilty under Section 396 of the Indian Penal Code and sentenced him to undergo R.I. for 10 years and to pay a fine of Rs. 2,000/ - and on default of payment of fine to undergo for further R.I. for 3 months. While he acquitted the other accused, Suresh Dehri and Md. Akhtar Hussain @ Disco.

(3.) ON the other hand, learned counsel for the State has opposed the prayer and submitted that since identification of one witness was sufficient and as such the court has rightly convicted the sole appellant.