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2024 Supreme(Jhk) 329

ANANDA SEN, SUBHASH CHAND
Rudo Yadav, S/o Late Bholi Yadav – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Appellant : Mr. Ajit Kumar, Adv.
For the Respondent: Mr. Pankaj Kumar, A.P.P.

JUDGMENT :

Ananda Sen, J.

The appellant has preferred this appeal against the Judgment of Conviction dated 24th September, 2018 and Order of Sentence dated 27th September, 2018 passed by the District & Additional Sessions Judge IV, Giridih in Sessions Trial No.162 of 2013, whereby the appellant has been held guilty and convicted for the offence punishable under Sections 302/34 of the Indian Penal Code and he has been sentenced to undergo imprisonment for life and fine of Rs.10,000/-(Rupees Ten Thousand) and in default of payment of fine to further undergo simple imprisonment for 6 (six) months.

2. Learned counsel appearing on behalf of the appellant submits that on the basis of evidence, which has been recorded, the appellant could not have been convicted. P.W.2, 3, 4, 5, 6, 7, 9 are not eye witneses to the occurrence. Admittedly, they are hear-say witnesses and on the basis of their statement, appellant could not have been convicted. Only on the basis of evidence of P.W.1, who is a boy aged 12 year, this appellant has been convicted. It is his contention that conviction cannot be ba

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