PARSU Vs. STATE OF C G

JUDGEMENT

(1.) This appeal is directed against the judgment dated 7th of August, 1996 passed in Sessions Trial No. 456/95 by the Sixth Additional Sessions Judge, Bilaspur. By the impugned judgment, the appellant has been convicted u/s. 302 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 50/- with default sentence of R.I. for 1 month. The facts, briefly stated, are as under:--

(2.) The case of the prosecution was mainly based on the extra-judicial confession made before Village Kotwar, Maniram (PW-3). The learned Sessions Judge relied on the extra-judicial confession made before Kotwar and convicted & sentenced the appellant as above.

(3.) Mr. Sourabh Sharma and Mr. Aditya Sharma, learned counsel appearing on behalf of the appellant, have argued that the circumstances of extra-judicial confession was not established; the evidence of Maniram (PW-3) was unreliable; blood stains were not found on the articles seized from the possession of the appellant; it was not proved that the hairs found in the hand of the deceased and the hairs of the appellant were similar; therefore, conviction based on above evidence of extra-judicial confession cannot be sustained.