Pramod Yadav @ Munna vs The State Of Jharkhand
2021 Latest Caselaw 699 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       Cr. A. (SJ) No. 771 of 2010
                                   -----

      Pramod Yadav @ Munna                         ..... Appellant
                                 Versus
      The State of Jharkhand                       ..... Respondent
                                   -----

CORAM: HON'BLE MR. JUSTICE RATNAKER BHENGRA

Through- Video Conferencing

-----

      For the Appellant            : Mr. Shailesh Kumar Singh, Advocate
      For the State                : Mrs. Lily Sahay, APP
                                  -----
07/Dated: 12/02/2021

When the matter is called out, Mr. Shailesh Kumar Singh, the learned counsel for the appellant as well as Mrs. Lily Sahay, the learned APP has appeared.

In a nutshell briefly, the learned counsel for the appellant has basically questioned the evidence of PW-4 and PW-7. The entire case will fall on this count because his evidence is suspected due to the evidence of PW-6 and, therefore, no reliance be given to the evidence of PW-4 and PW-

7. In contradiction also he says that the other witnesses or co-witnesses who were in the Jeep have also failed to identify then they should have also identified. So, there is a gross inconsistency between the evidence of the other persons who were in the Jeep and also PW-4 and PW-7.

The learned counsel for the State, on the other hand, cited four judgments on why identification in the court is substantive evidence and why failure of TIP is not material.

Put up this case on 12.03.2021 as part-heard.

In the meanwhile, the learned counsel for the State is directed to find out regarding the other co-accused who have been separated in course of trial due to the absence i.e. Ram Pravesh Mahto @ Madan Mahto and Uma Mahto.

The copy of this order to be sent to the learned concerned or successor court below.

Copy of this order be also given to the learned counsel for the State. State will also file an affidavit on the next date of hearing as to the latest status or position regarding the other co-accused.

Sharda/Madhav/- ( Ratnaker Bhengra, J.)