SANTOSH SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 17th of June, 1993 passed in Sessions Trial No. 11/1993 by the Additional Sessions Judge Khairagarh, Camp Kawardha. By the impugned judgment, the Appellant has been convicted Under Section 302, IPC and sentenced to undergo imprisonment for life.

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

(3.) Ms. Sharmila Singhai, learned Counsel appearing on behalf of the Appellant, argued that, in fact, the deceased died suicidal death. The Appellant had given immediate explanation about his death. The Sessions Judge erred in law in holding that it was a homicidal death. There is no direct evidence and the case of the prosecution is based on circumstantial evidence. There were no incriminating circumstances against the Appellant to hold him guilty of the said offence. Almost on the same set of evidence, the co-accused has been acquitted, therefore, the Appellant was also entitled for acquittal.