ROHIT KUMAR Vs. STATE OF C.G.

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 27 -6 -2008 passed by Additional Sessions Judge, Bemetara in Sessions Trial No. 89/2006. By the impugned judgment, accused/appellant Rohit Kumar has been convicted and sentenced in the following manner with a direction to run the sentences concurrently:

(2.) SHRI Uttam Pandey and Shri T.N. Dubey, learned counsel for the appellant argued that the finding of guilt recorded on the basis of circumstantial evidence is not reasonable. The appellant is not responsible for the death of the deceased. They further argued that the prosecution has failed to prove that the death of the deceased was homicidal in nature. They further argued that the circumstantial evidence is not of conclusive nature, it is well settled law that strong suspicion is no substitute for a proof, therefore, the finding of guilt recorded by the learned Additional Sessions Judge is not sustainable and the appellant deserves to be acquitted.

(3.) WE have heard learned counsel for the parties and have also perused the record of Sessions Trial No. 89/2006. Admittedly, there is no eyewitness to the incident and the case of the prosecution is based on the circumstantial evidence.