CHANDU @ CHANDRAKUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 20 -3 -2004 passed by 1st Additional Sessions Judge, Durg in Sessions Trial No. 221/2003. By the impugned judgment, appellant Chandu @ Chandrakumar has been convicted under Section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 5 years and to pay fine of Rs. 500/ -, in default of payment of fine, to further undergo rigorous imprisonment for 1 month. Case of the prosecution, in brief, is as under: - -

(2.) SHRI H.B. Agrawal, learned Senior Advocate with Shri Pankaj Agrawal, learned counsel for the appellant argued that the evidence of Ajju @ Ajay (P.W. -1) is full of contradictions. Dinesh Bain (P.W. -2) is brother -in -law of the injured. He did not witness the incident and he is highly interested witness. Therefore, the conviction of the appellant recorded by the learned Additional Sessions Judge is not sustainable and the appellant deserves to be acquitted.

(3.) I have heard learned counsel for the parties at length and have also perused the record of Sessions Trial No. 221/2003 with utmost circumspection. Conviction of the appellant is based on the evidence of injured Ajju @ Ajay (P.W. -1) and Dinesh Bain (P.W. -2).