SETRAM Vs. STATE OF M.P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 25th of January. 1997 passed in Session Trial No. 481/95 by the Additional Session Judge, Sakti. By the impugned judgment, the appellant has been convicted u/s 302 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 500/- with default sentence of R.1 for 2 months. The facts, briefly stated, are as under :--

(2.) Ms. Seema Singh, learned Counsel appearing on behalf of the appellant, has argued that this is case of no evidence. None of the circumstances have been established by the prosecution; even if it is held that the appellant was caught red-handed with tangia, that would not be an incriminating circumstance because the prosecution could not file F.S.L. report to prove that the tangia was stained with blood much less human blood; the circumstances held to be proved were capable of being explained; therefore, conviction based on such circumstance 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.