Pradeep Kumar, J. - (1.) HEARD the learned Counsel for the appellant and learned Counsel for the state.
(2.) THE instant appeal is directed against the judgment of conviction and sentence dated 11.3.2003 passed by Sri Indra Deo Mishra, Additional Sessions Judge, Fast Track Court No. 1, Chatra in Sessions Trial No. 116 of 2002 by which judgment, learned Additional Sessions Judge found the appellant - accused guilty Under Section 458 and 302 of the I.P.C. and convicted him there under. The appellant was sentenced to undergo imprisonment for life Under Section 302 of the I.P.C. and also to undergo R.I. for 3 years Under Section 458 of the I.P.C. However, both the sentences were directed to run concurrently. It is submitted by learned Counsel for the appellant that the learned Additional Sessions Judge foiled to consider the fact that the prosecution failed to establish the manner of occurrence. As per the prosecution case there are two versions of the occurrence, one given by the informant and other given by the mother of the victim girl, P.W.7 -Rakiba Khatun. As such, the appellant is entitled to get the benefit of doubt and acquitted from the charges levelled against him. Learned Counsel for the appellant has further contended that the prosecution failed to prove the injuries caused to the appellant and learned Additional Sessions Judge failed to consider the case as given by the appellant in his F.I.R. which was proved by the defence as Ext. A and as such, the conviction and sentence are bad in law and fit to be set aside.
(3.) ON the other hand, learned Counsel for the state has opposed the prayer and submitted that as far as the occurrence of murder is concerned, there is single version as given by the prosecution. There is no discrepancy in the statement of the informant -P.W.3 and in the version of the mother of the deceased, P.W.7 and as such, learned trial court rightly convicted the appellant. He has further submitted that all the prosecution witnesses have supported the fact that the injury was caused to the appellant - accused while in course of running away from the roof top of the house of the deceased. He fell down and was caught in a 'khuti' of the 'masjid' and then he was overpowered by the villagers present there, who assaulted him also. The said fact that he fell down from the roof top and caught in the 'khuti' of the 'masjid' has been corroborated by his own statement, Ext. A, as well. As such, the injury received by the appellant have fully been explained and hence, the conviction and sentence of the trial court is well founded and requires no interference by this appellate court.;