BASANT RAM Vs. STATE OF C.G.

JUDGEMENT

(1.) These appeals are directed against the judgment dated 9th of January, 2006, passed in Sessions Trial No. 64/2005 by the Sessions Judge, Jashpur, District Jashpur (CG). By the impugned judgment, the appellants have been convicted under Sections 302, 302/34 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 1000/- with default sentence of R.I. for 6 months. The facts, briefly stated, are as under :-

(2.) Mr. Shrawan Agrawal, learned counsel appearing on behalf of the appellants, argued that the incident took place in the intervening night of 26.3.2005 and 27.3.2005 and 161 Cr. P.C. statement of the sole eye-witness Nanhuram (PW-2) was recorded on 3.4.2005, therefore, there was a long delay in disclosure by Nanhuram (PW-2), which makes his evidence unreliable. He also argued that Nanhuram (PW-2) was taken by the Police on 28.3.2005 and he was kept in custody up to 2.4.2005 and thereafter, his above statement was recorded. According to him, Nanhuram (PW-2) was available with the Police from 27.3.2005 itself. Therefore, there was no reason as to why he did not disclose the above facts to the Police up to 3.4.2005. He assailed the testimony of sole eye-witness Nanhuram (PW-2) on the above facts and circumstances of the case.

(3.) On the other hand, Mr. Jameel Akhtar Lohani, learned Panel Lawyer appearing on behalf of the State, opposed these arguments and supported the judgment passed by the Sessions Court.