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2024 Supreme(Jhk) 979

GAUTAM KUMAR CHOUDHARY
Lakhan Mahto, son of Late Nandlal Mahto – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Abhay Shankar Dayal, Ms. Supriya Dayal, Advocate
For the Respondents: Mr. Abhay Kumar Tiwari, A.P.P.

JUDGMENT :

Per Ananda Sen, J.

This Criminal Appeal is preferred on behalf of the appellant being aggrieved by the judgment of conviction and order of sentence dated 26.08.2016 passed by Learned Sessions Judge, Dhanbad, in Sessions Trial No.34 of 2016, whereby and where under the appellant has been convicted for offences under Sections 302 and 201 IPC. He was sentenced to undergo imprisonment for life with fine of Rs.20,000/- under Section 302 IPC and further to undergo rigorous imprisonment for 07 years with fine of Rs.10,000/- for offence under Section 201 IPC.

2. Heard learned counsel for the appellant and learned A.P.P. for the State and perused the material available on record.

3. Learned counsel representing the appellant submits that the F.I.R. in the instant case is against unknown. The informant has improved the prosecution version while deposing as witness, thus, he is absolutely not a reliable witness. If at all the assailant was identified immediately after the occurrence then his name should have been disclosed in the F.I.R. This clearly suggests that this appellant has been implicated in the instant case by way of afterthought. He further argues that P.W.-4, upon whose tes

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