GENDKUNWAR BAI Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 30-1-1995 passed by the 5th Additional Session Judge, Durg in Session Trial No.238/94. By the impugned judgment, the appellant has been convicted under Sections 302 and 201 of the Indian Penal Code and sentenced to undergo imprisonment for life and rigorous imprisonment for seven years. The sentences are directed to run concurrently.

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

(3.) Shri F.S. Khare, learned counsel appearing for the appellant argued that the finding of guilt recorded on the basis of evidence of last seen together is unreasonable. It was not proved beyond reasonable doubt. Even if the circumstances are taken on their face value, it cannot be said that it was the appellant who committed murder of the deceased. Learned counsel also argued that the memorandum and recovery were not proved by the prosecution. The FSL report Ex.P-22 does not show that the seized articles contained human blood. He further argued that it is well settled that strong suspicion is no substitute for a proof. The prosecution has utterly failed to prove its case beyond reasonable doubt. Therefore, the appellant is entitled for acquittal of the charges framed against her.