LAKHAN LAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against judgment dated 03.11.2001 passed by the Second Additional Sessions Judge (F.T.C.), Kanker (C.G.) in Sessions Trial No.33/1996 wherein the said Court convicted the appellant for commission of offence punishable under Sections 307, 436 and 323 of the Indian Penal Code, 1860 and sentenced him to undergo R.I. for 1 year and fine of Rs. 1000/-, R.I. for 2 years and fine of Rs. 1000/-, Fine of Rs. 200/- with default stipulations.

(2.) In the present case, name of the victim is Hiruram and Somaru. As per version of prosecution on 26th of April, 1995 in village Mainpur the appellant burned the hut of Somaru and inflicted injuries on him and one Hiru. Thereafter, matter was reported and investigated and the appellant was charge-sheeted and convicted as mentioned above.

(3.) Learned counsel for the appellant submits that Somaru Ram has admitted that he was unable to see in the night therefore, finding of the trial Court on the basis of his statement is not proper. The trial Court has recorded finding of conviction on the basis of interested witness without independent corroboration. Therefore, same is not sustainable. The trial Court has not evaluated the evidence properly, therefore, finding of the trial Court is liable to be set-aside.