GOVIND @ RAMDULARI Vs. STATE OF M.P

JUDGEMENT

(1.) These appeals are directed against the judgment dated 31st of December, 1996 passed in Session Trial No. 51/96 by the Sixth Additional Session Judge, Bilaspur. By the impugned judgment, appellant-Abhibaran @ baran has been convinced u/s 302 IPC and the other 2 appellants have been convicted u/s 302/ 34 IPC and all have been sentenced to undergo imprisonment for life. The facts, briefly stated, are as under:--

(2.) Mr. Basant Kaiwartya, learned counsel appearing on behalf of the appellants, vehemently argued that Sitaram (PW-2) was unreliable; though he named all the accused persons in his 161 Cr.P.C. statement, but in his court evidence, he omitted the names of 2 accused persons (A-4 & A-5); there is evidence of partibandi in the village and the complainant and the accused belong to different groups; though Sitaram (PW-2) claims to state the names of all the assailants (A-1 to A-5) to Satrughan (PW-8), and Ghanshyam (PW-1) was informed, but the F.I.R. (Ex.-P/1) contains the names of only 4 persons; Sitaram (PW-2) could not give any explanation regarding the above vital omissions; therefore, the conviction based on sole testimony of Sitaram (PW-2) cannot be sustained.

(3.) On the other hand, Mr. J.A. Lohani, learned Panel Lawyer appearing on behalf of the State, opposed these arguments and supported the judgment passed by the Session Court.