SHYAM SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant-Shyam Sharma has called in question the legality and correctness of the judgment in Criminal Appeal No.190 of 1999, dated 19th Jan., 2007 passed by the High Court of Judicature at Madhya Pradesh, Jabalpur Bench at Gwalior whereby the judgment dated 31.3.1999 passed by the Sessions Judge, Gwalior, in Sessions Trial No. 379/1996 has been affirmed.

(2.) The Appellant-Shyam Sharma was convicted by the Sessions Judge, under Sec. 307 Penal Code and was sentenced to undergo three years rigorous imprisonment along with a fine of Rs. 1,000.00 and in the event of default in payment of fine, he was directed to further undergo additional imprisonment of five months.

(3.) The contention of Mr. V. Giri, learned senior counsel, appearing for the appellant, is that the independent witnesses Anoop Bhargava (PW-1) and Ramprakash (PW-4) did not support the prosecution case. Manjeet Singh (PW-3) is an interested witness. The appellant is a computer engineer and has no criminal background. At the most, the appellant can be convicted under Sec. 324 of the IPC. On the other hand, learned counsel appearing for the respondents has supported the judgment of the High Court.