MOHAMMED IKLAKH Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal is directed against judgment dated 29-9-2011 passed by Additional Session Judge, Durg in Session Trial No. 155/2009. By the impugned judgment, accused/appellant Mohammed Iklakh has been convicted and sentenced in the following manner with a direction to run the sentences concurrently:--

(2.) Shri Vivek Sharma, learned counsel for the appellant argued that the finding of guilt recorded on the basis of evidence of last seen together, memorandum statement of the appellant and recovery of nylon rope and visitors' register of Hotel Kunal, Durg is unreasonable. The above circumstances are not proved beyond reasonable doubt. Even if the circumstances are taken on their face value, it cannot be said that it was the appellant who committed murder of the deceased. Learned counsel further argued that the seized articles were not properly identified. It is well settled that a strong suspicion is not a substitute for a proof, therefore, the finding of guilt recorded by the learned Additional Session Judge is not sustainable and the appellant is entitled for acquittal.

(3.) Smt. Madhunisha Singh, learned Panel Lawyer for the State/respondent, supporting the impugned judgment, submitted that the conviction and sentence awarded by the learned Additional Session Judge do not warrant any interference by this Court.