REKHA ALIAS KAVITA Vs. STATE OF M.P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 24th of September, 1996 passed in Session Trial No. 77/95 by the Second Additional Session Judge, Raipur. By the impugned judgment, the appellant has been convicted u/s 302 IPC and sentenced to undergo imprisonment for life. The facts, briefly stated, are as under:--

(2.) There was no eye-witness to the incident and the case of the prosecution was based on circumstantial evidence. Following are the circumstances, on which, the Session Judge relied and convicted & sentenced the appellant as above:--

(3.) Mrs. Renu Kochar, learned counsel appearing on behalf of the appellant, argued that the above circumstances were not fully established; the circumstances were capable of being explained; there was ample evidence to show that the appellant was not present in the house at or about the time of the incident; even the mother and sister of the deceased have stated that the appellant had left the house prior to the incident; the chain of circumstantial evidence is not complete, and thus, the conviction vitiates.