SHIV KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 9-7-2007 passed in Session Trial No. 8/2007 by the Additional Session Judge, Balod, District Durg (C.G.). By the impugned judgment, the appellants have been convicted and sentenced in following manner with a direction to-run the sentences concurrently :- Conviction Sentence Appellant-Shiv Kumar: u/S. 302, IPC u/S. 364, IPC Life imprisonment and fine of Rs. 1000/- in default R.I. for 1 year. R.I. for 5 years and fine of Rs. 1000/- in default R.I. for 1 year. Appellant-Tikendra Kumar: u/S. 302/34, IPC u/S. 364, IPC Life imprisonment and fine of Rs. 1000/- in default R.I. for 1 year. R.I. for 5 years and fine of Rs. 1000/-in default R.I. for 1 year.

(2.) Mr. N.S. Dhurandhar, learned counsel appearing on behalf of the appellants, argued that the witnesses had seen the accused persons prior to the T.I.Ps.; they admitted that since the police had arrested the accused persons in connection with aforesaid offences, therefore, they believed that the accused per-sons would have committed the offence; the T.I.Ps. were conducted after a very long period, therefore, the same vitiates and the evidence of identification on dock becomes doubtful. He also argued that if the evidence of identification of the accused persons becomes doubtful then theory of last seen cannot stand for want of proper identification of the accused persons.

(3.) On the other hand, Mr. D.K. Gwalre, learned Govt. Advocate appearing on behalf of the State/respondent, opposed these arguments and supported the judgment passed by the Sessions Court.