GHASIYA SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 27th of October, 2004 passed in Session Trial No. 70/2004 by the Additional Sessions Judge, Jashpur, District Jashpur (C.G.). By the impugned judgment, the appellants have been convicted under sections 302/34 and 449/34 Indian Penal Code and sentenced to undergo R.I. for life and R.I. for 10 years respectively with fine sentence of Rs. 1,000/ - in each count. The facts, briefly stated, are as under: - -

(2.) MR . Neeraj Mehta, learned counsel appearing on behalf of the appellants, argued that except the circumstance of history of a civil dispute between the parties, no other circumstance was established by the prosecution against the appellants. The circumstance of presence of appellant Kala Singh in the house of the deceased persons and extra -judicial confession as also threatening given by the appellants to the deceased were not at all established by the prosecution. Therefore, the conviction based on insufficient circumstantial evidence deserves to be set aside.

(3.) WE have heard learned counsel for the parties at length and have also perused the records of the sessions case.