SHATRUGHAN YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against judgment dated 31-1-2007 passed by 9th Additional Sessions Judge (FTC), Raipur in Sessions Trial No. 147/2006. By the impugned judgment, accused/appellant Shatrughan Yadav has been convicted under section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay fine of Rs. 1,000/-, in default of payment of fine, to further undergo imprisonment for 3 months. Case of the prosecution, in brief, is as under:

(2.) Shri C.K. Kesharwani, learned counsel for the appellant argued that Jaishree Mishra (PW-1) is not an eye-witness. She did not witness the incident. She did not identify the appellant. According to the prosecution, a test identification parade of the appellant was conducted, but the appellant was shown to Jaishree Mishra (PW-1) before conducting the parade. Therefore, the identification parade has no evidentiary value. The guilt recorded on the basis of evidence of Anitabai (PW-12) is not reliable. The circumstance of last seen together is not beyond reasonable doubt. Learned counsel for the appellant further argued that the Batta was not recovered at the instance of the appellant, Therefore, the finding of guilt recorded by the learned Additional Sessions Judge is not sustainable and the appellant is entitled to acquittal.

(3.) Shri Akhil Mishra, learned Deputy Government Advocate for the State/respondent, supporting the impugned judgment, submitted that the conviction and sentence awarded by the learned Additional Sessions Judge do not warrant any interference by this Court.