KAMLESH Vs. STATE OF CG

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment of conviction & order of sentence dated 25.2.2005 passed by the 8th Additional Sessions Judge (F.T.C.), - Bilaspur, in Sessions Trial No.396/2004, whereby & where-under learned 8th Additional Sessions Judge after holding the appellants guilty in consequence of abetment of culpable homicide amounting to murder of Manju convicted appellant Kamlesh under Section 109 read with Section 302 of the I.P.C. appellant Ramkhilawan under Section 302/34 and appellant Purain Bai under Section 302 of the I.P.C and sentenced them to undergo imprisonment for life and to pay fine of Rs.1000/-, in default of payment of fine to further Mergo R.I. for six months.

(2.) CONVICTION is impugned on the ground that without there being any iota of evidence, the trial Court has convicted & sentenced the appellants as aforementioned and thereby committed illegality.

(3.) IN order to prove the guilt of the accused/appellants, the prosecution has examined as many as eight witnesses. Statements of the accused/appellants were recorded under Section 313 of the Cr.P.C, in which they denied the circumstances appearing against them and pleaded innocence and false implication in the crime in question. They have also examined defence witnesses declaration is relied upon, then even same is not sufficient to warrant conviction of appellant Kamlesh who was not present at the time of incident and as per Ex.P/8 after directing to his father & mother to burn deceased Manju he went for his livelihood, thereafter he was called by the villagers and he is the person who has taken his wife to hospital for treatment to save her. His post conduct shows that he has tried to save his wife and his previous conduct shows that he was not present at the time of incident.