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ANANDA SEN, GAUTAM KUMAR CHOUDHARY
Madan Pahariya @ Madan Malto, son of late Sukra Pahariya @ Kesho Pahariya – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Ananda Sen, J : This appeal is directed against the judgment of conviction dated 10.09.2012 and order of sentence dated 12.09.2012 passed by Sri Rajesh Kumar Vaish, the learned Principal Sessions Judge, Sahibganj, in Session Trial No. 177 of 2011, arising out of Borio(J) P.S Case No. 60 of 2011, whereby and whereunder, the appellant has been punished to undergo rigorous imprisonment for life and fine of Rs.5,000/- for committing the offence punishable under Section 302 of the Indian Penal Code.
2. Learned senior counsel appearing on behalf of the appellant-convict submitted that none of the witnesses in this case are eye witnesses, rather all of them have been declared hostile. He further submitted that when all the prosecution witnesses have been declared hostile, there was no material to convict the appellant for the offence under Section 302 of the Indian Penal Code. He also submitted that the Court witnesses i.e. C.W. Nos. 3, 4 and 5 are also not eye witnesses rather are the hearsay witnesses. As per him, the appellant has been solely convicted on the basis of the statement of the Investigating Officer. Only on the basis of statement of the Investigating Officer, a per
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