SUBHAN ALI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 10th May, 2012, passed in Sessions Trial No.161/2011 by the 3rd Additional Sessions Judge, Bilaspur (CG). By the impugned judgment, the appellant has been convicted under Section 302 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs.1000/- with default sentence of additional imprisonment for 2 months.

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

(3.) Mr. D.K. Vishwakarma, learned counsel appearing on behalf of appellant argued that except the Police witnesses and the Doctor, almost all other witnesses have turned hostile; the husband and daughter of the deceased have also turned hostile and they did not support the case of the prosecution; the 2 witnesses of hearing shouting of the deceased had also turned hostile and they have also not supported the case of the prosecution; these witnesses are wholly unreliable and the conviction based on their admissions regarding giving statements to the Police implicating the appellant was not justified.