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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN, GAUTAM KUMAR CHOUDHARY
Israr Ansari S/o Serajuddin Ansari – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. This criminal appeal is preferred against the judgment of conviction dated 31.8.2017 and order of sentence dated 12.9.2017 passed in Sessions Trial no. 154 of 2015 by Additional Sessions Judge VI, Garhwa whereby the sole appellant was convicted under section 302 of IPC and sentenced to undergo R.I for life and pay fine of Rs.5000/-.
2. Learned counsel for the appellant submits that there is no eye witness to the occurrence and out of 10 prosecution witnesses, 5 turned hostile. The whole prosecution case is based on circumstantial evidence, but the chain of circumstance is neither complete nor proved. She further argues that no independent witnesses have stated that it is this appellant, who had committed the murder. She further contended that the learned Trial Court had wrongly applied Section 106 of EVIDENCE ACT , when admittedly the prosecution has independently not proved the case. She further submitted that the Trial Court had wrongly convicted the appellant on the basis of extra judicial confession made by the appellant before the informant and police, which is not admissible in law.
3. Learned counsel for the State submits that the witnesses have fully supported
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