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2024 Supreme(Jhk) 983

ANANDA SEN, GAUTAM KUMAR CHOUDHARY
Hussain Sheikh son of late Imtiyaz Ali – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Rupesh Singh, Amicus Curiae, Mr. Jagdeesh, A.C to Mr. Rupesh Singh, Advocate.
For the Respondent: Mrs. Priya Shrestha, A.P.P.

JUDGMENT :

Ananda Sen, J.

This criminal appeal is directed against the Judgment of conviction dated 05.09.2002 and order of sentence dated 06.09.2002 passed by the learned Sessions Judge, Sahibganj, Camp at Rajmahal in Sessions Case No. 324 of 1986/100 of 1993, whereby and whereunder, the appellant having been found guilty of charge under Sections 364 and 302/34 of Indian Penal Code and has been convicted and sentenced to undergo imprisonment for life for the offence under Section 302/34 IPC and R.I. for ten years under Section 364 IPC and fine of Rs.1,000/-.

2. The learned amicus submitted that beyond the weight of the evidence, the Trial Court has convicted the appellant. He further submitted that there is no direct evidence against the appellant, thus the involvement of the appellant is easily doubted. He also submitted that even after recovery of the dead body on 19.10.1984, the police was not informed about disappearance of the deceased and recovery of the body. The informant if at all knew that the deceased left with the appellant, then why he did not lodge the missing report, creates a doubt about the prosecution case. He also submitted that there is no evidence on record to sh

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