RAJARAM Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 29-9-1994 passed in Sessions Trial No.98/94 by the Additional Sessions Judge, Jashpurnagar, District Raigarh. By the impugned judgment, the appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life.

(2.) Brief facts of the case are as under:

(3.) Shri R.K.Jain, learned counsel appearing for the appellant argued that the version of the eye-witnesses is not reliable. The prosecution witnesses, namely, Lilavati (PW-1), Kabutaribai (PW-2) and Sukhdev Sai (PW-8) are interested witnesses and there is no any independent witness. There are so many contradictions in the statements of the prosecution witnesses and the prosecution witnesses have improved their statements, therefore, their statements are not reliable and cannot be based for conviction of the appellant. Learned counsel further submitted that the injuries sustained by the accused/appellant were not explained by the prosecution and, therefore, the prosecution story is not reliable. Learned counsel argued that the accused/appellant deserves to be acquitted of the charge under Section 302 of the Indian Penal Code. Alternatively, he also argued that the act of the appellant would not be punishable under Section 302 of the Indian Penal Code and even after admitting the entire case he would be liable for punishment under Section 304 of the Indian Penal Code.