BHARAT VIJAY SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 29th May, 1993 passed in Session Trial No. 126/92 by the Additional Session Judge, Khairagarh, Session's Division Rajnandgaon. By the impugned judgment, the appellant has been convicted u/ss 450 & 307 IPC and sentenced to undergo R.I. for 3 years and R.I. for 5 years respectively. The sentences shall run consecutively.

(2.) The facts, briefly stated, are as under:-

(3.) Mr. P.K.C. Tiwari, learned Sr. Counsel appearing on behalf of the appellant, argued that testimony of Krishna Bai (PW-10) was not reliable; it was not possible for Krishna Bai to identify the assailant in dark-night; son of Krishna Bai namely Dinbandhu (PW-3) admitted in the cross- examination that he could not identify the assailant on account of darkness and he is telling name of the appellant on tutoring by his father, therefore, the identification of the appellant by Krishna Bai (PW-10) appears to be doubtful and the appellant should be given benefit of doubt. He further argued that dying declaration was also recorded but the same was not produced with the charge-sheet and conduct of the prosecution was suspicious.