DHIRENDRA KUMAR Vs. STATE OF C.G.

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 12 -09 -2006 passed by 4th Additional Sessions Judge, Bilaspur in Sessions Trial No. 25/2006. By the impugned judgment, accused/appellant Dhirendra Kumar has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay fine of Rs. 500/ -, in default of payment of fine, to further undergo rigorous imprisonment for 3 months. Case of the prosecution, in brief, is as under:

(2.) SHRI M.D. Dhote, learned counsel for the appellant argued that the evidence of Ku. Ramala (PW -3) is not reliable. Presence of Ku. Ramala (PW -3) at the place of occurrence has not been established. Looking to the evidence of Ku. Ramala (PW -3), it appears that she was inside the house and when the deceased pushed the door, she sustained injury and became unconscious. Therefore, it is not possible for her to witness the incident. Therefore, the evidence of Ku. Ramala (PW -3) cannot be based for conviction of the appellant.

(3.) WE have heard learned counsel for the parties at length and have perused the record of Sessions Trial No. 25/2006. The conviction of the appellant is based on the testimony of Ku. Ramala (PW -3), who is eye -witness of the occurrence and whose evidence is corroborated by medical evidence.