MIRI GANPAT Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 19th of August, 1994 passed in Sessions Trial No. 238/91 by the Third Additional Sessions Judge, Bastar at Jagdalpur. By the impugned judgment, the appellant has been convicted u/s 302 IPC and sentenced to undergo imprisonment for life.

(2.) The facts, briefly stated, are as under :-

(3.) Mrs. Savita Tiwari, leaned counsel appearing on behalf of the appellant, argued that both the eye-witnesses were close relatives of the deceased, therefore, they were interested witnesses; out of above 2 eyewitnesses, Anju (PW-3) turned hostile and she did not support the case of the prosecution; Rajeshwari (PW-2) was held to be partly unreliable and there was no corroboration to her evidence; even otherwise her evidence was not reliable; therefore, the conviction based on solitary evidence of Rajeshwari (PW-2) cannot be sustained.