CHHOTELAL & ANOTHER Vs. STATE OF C.G.

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 26th of March, 2007 passed in Special Criminal Case No. 85/2006 by the Special Judge (Atrocities), Bilaspur. By the impugned judgment, the appellants have been convicted u/ss 302 /34 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 500/ - with default sentences of R.I. for 6 months. The facts, briefly stated, are as under: - -

(2.) MR . Ashok Verma, learned counsel appearing on behalf of the appellants, has argued that there was absolutely no evidence against appellant -Mangal Singh; no overt act has been attributed to him by the eye -witnesses; there is no evidence to show as to who had assaulted the deceased prior to reaching of the eyewitnesses at the place of occurrence; therefore, appellant Mangal Singh deserves to be acquitted. So far as appellant -Chhotelal is concerned, he argued that only interested witnesses have been examined; therefore, their evidence would not have been relied on.

(3.) HAVING heard learned counsel for the parties at length, we have perused the records of the special criminal case.