SUMAN SINGH Vs. STATE OF C.G.

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 28 -12 -2005 passed by Additional Session Judge, Balod, District Durg in Session Trial No. 163/2005. By the impugned judgment, accused/appellant Suman Singh has been convicted and sentenced in the following manner :

(2.) SHRI P.K. Patel, learned counsel for the appellant argued that Varun Kumar (PW -3) is a child witness aged about 11 -12 years. He is son of the deceased. His conduct appears to be unnatural. He is interested and tutored witness. Therefore, the conviction based on his sole testimony cannot be sustained.

(3.) WE have heard learned counsel for the parties at length and have perused the record of Session Trial No. 163/2005. The conviction of the appellant under Section 302 IPC is based on the evidence of Varun Kumar (PW -3). It is not disputed that Varun Kumar (PW -3), being son of the deceased, is a nearest relative of the deceased. It is also not disputed that at the time of incident, he was aged about 11 -12 years and as such he is a child witness. The case of the prosecution is based on the testimony of child witness Varun Kumar (PW -3).