HEERA SAI RANJIT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 6-1-1996 passed by Additional Sessions Judge, Baikunthpur, District Surguja in Sessions Trial No.36/1994. By the impugned judgment, accused persons/appellants Heera Sai and Ranjit have been convicted under Section 304 Part II of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years each.

(2.) Case of the prosecution, in brief, is as under:

(3.) Shri Ravi Kumar Bhagat, learned counsel for the appellants argued that there was no any independent eyewitness. Subhagiyabai (PW-4) is widow of the deceased and Bhagwan (PW-1) is son of the deceased. Bhagwan (PW-1), Dharmjit (PW-2) and Sukhlal (PW-6) did not witness the incident. The evidence of Subhagiyabai (PW-4) is full of contradictions. She is highly interested witness. Therefore, the conviction of the appellants cannot be based on the sole-testimony of Subhagiyabai (PW-4).