RAM CHANDRA BELDAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has challenged the judgment dated 11.08.2014 passed in Criminal Appeal No.86 of 2009 by which the appellate Court has confirmed the order of conviction under section 279 and 338 IPC, however, taking note of the period of 8 years in conclusion of the trial the order of sentence of S.I. for 2 years has been reduced to S.I. for 6 months.

(2.) The main contention raised on behalf of the petitioner is that identification of the accused was doubtful and the prosecution has failed to establish that it was the petitioner who was on the wrong side of the law.

(3.) The prosecution story as narrated in the ferdbeyan of Subhash Yadav, the injured, would disclose that on the fateful day, that is, on 08.11.2003 at about 4:00 p.m. he was returning from the duty and when he reached near Muraidih bridge he was hit by a motor-cycle bearing No.JH-10 B/2204 due to which he suffered fracture of his right leg. After the investigation, a charge-sheet was filed and substance of accusation for the charge under section 279, 337, 338 and 427 IPC was explained to the accused-petitioner in Hindi on 10.05.2004. During the trial the prosecution has examined 4 witnesses; the informant is PW-4 and the doctor who has proved the injury report is PW-1. One of the eye-witnesses namely, Seo Pujan Chauhan, PW-2 has turned hostile, however, PW-3 has supported the prosecution's case and identified the petitioner in the dock.