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2024 Supreme(Jhk) 454

ANANDA SEN, SUBHASH CHAND
Ajit Barla – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. Bhola Nath Rajak, Advocate.
For the Respondent: Mr. Sanjay Kr. Srivastava, A.P.P.

JUDGMENT :

Per Ananda Sen, J.

This criminal appeal is directed against the Judgment of conviction dated 20.11.2017 and order of sentence dated 27.11.2017 passed by Sri Pradeep Kumar, learned Addl. Judicial Commissioner-V, Ranchi in Sessions Trial No. 652 of 2012, whereby and whereunder, the appellant having been found guilty of charge under Section 302 of Indian Penal Code, has been sentenced to undergo imprisonment for life and fine of Rs.10,000/-.

2. Learned counsel for the appellant submitted that there are serious contradictions in the statements of the prosecution witnesses, which damages the case of the prosecution. As per him, the accused was arrested from his house, whereas P.W. 4 stated that the appellant was arrested at the place of occurrence. He further argued that the prosecution has failed to prove the motive of commission of murder and when there was no dispute amongst the parties, why the deceased will be murdered by this appellant is a mystery. He also argued that P.W. 4, who claims to be an eye witness, in her evidence, stated that seeing the appellant along with murder weapon, she closed her eyes, thus according to the counsel for the appellant, P.W. 4 is not actual

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