KAMLESH SAHU Vs. STATE OF CHHATTISGHARH

JUDGEMENT

(1.) This appeal is directed against judgment dated 24-4-2004 passed by Sessions Judge, Raipur in Sessions Trial No. 347/2003. By the impugned judgment, accused/appellant Kamlesh Sahu has been convicted under Section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 7 years and to pay fine of Rs. 1,000/-, in default of payment of fine, to further undergo simple imprisonment for 6 months. Case of the prosecution, in brief, is as under:--

(2.) Shri Vivek Rathore, learned counsel for the appellant argued that the evidence of Gajju (PW-4) is full of contradictions. Dudhbai (PW-5) has not identified the appellant. She is mother of injured Gajju (PW-4). She is highly interested witness. He further argued that in FSL report (Ex. P-18), it is not mentioned that the seized Gupti was smeared with human blood. The origin of blood is also not mentioned in the said report. Therefore, the conviction recorded by the learned Sessions Judge against the appellant is not sustainable and the appellant deserves to be acquitted.

(3.) On the contrary, Shri R.R. Sinha, learned Panel Lawyer for the State/respondent, supporting the impugned judgment, submitted that the conviction and sentence awarded to the appellant do not warrant any interference by this Court.