GUDDU ALIAS LAXMINARAYAN Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 7th of November, 1996, passed in S.T. No. 108/95 by the 3rd Additional Sessions Judge, Durg. By the impugned judgment, the appellants have been convicted and sentenced in the following manner:

(2.) Mr. Arun Kochar, learned counsel appearing on behalf of the appellants, has argued that Radha Bai (PW-1) was not a reliable witness; the dying declaration was also not reliable; therefore, the conviction and sentences awarded to the appellants cannot be sustained. He also argued that in the above facts and circumstances of the case, an offence under Section 302 IPC would not be made out against appellant No. 1.

(3.) On the other hand, Mr. Akhil Mishra, learned Dy. Government Advocate appearing on behalf of the State, opposed these arguments and supported the judgment passed by the Sessions Court.