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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN, GAUTAM KUMAR CHOUDHARY
Dharm Singh Gundua S/o Bono Singh Gundua – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANANDA SEN, J.
1. We have heard the learned counsel appearing for the appellant and the learned counsel for the State at length.
2. This Criminal Appeal arises out of the judgment of conviction dated 08.12.2015 and order of sentence dated 10.12.2015 passed in Sessions Trial No. 24 of 2015 whereby and whereunder learned Sessions Judge, West Singhbhum at Chaibasa convicted the appellant under Sections 302 of the INDIAN PENAL CODE and sentenced him to undergo RI for life with a fine of Rs. 10,000/-.
3. The learned counsel appearing on behalf of the appellant submits that all the material witnesses in this case have been declared hostile, thus there was no scope for the trial Court to convict the appellant for committing the offence under section 302 of the INDIAN PENAL CODE . He submits that the facts stated in the FIR have not been proved by the prosecution. Further he submits that the witnesses who have turned hostile have stated that they do not known as to how the deceased died. He refers to one of the paragraph of the statement of father of the deceased wherein he says that the relationship of the appellant with the deceased was cordial. By no stretch of imagination it c
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