LAXMAN Vs. STATE OF C.G.

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 12 -10 -2007 passed by 1st Additional Sessions Judge, Baloda Bazar in Sessions Trial No. 54/2007. By the impugned judgment, accused/appellant Laxman has been convicted and sentenced in the following manner with a direction to run the sentences consecutively:

(2.) SHRI Santosh Kumar Sahu, learned Counsel for the appellant argued that the finding of guilt recorded on the basis of evidence of last seen together, memorandum statement of the appellant, recovery of underwear of the deceased and extra judicial confession of the appellant is unreasonable. He further argued that extra judicial confession of the appellant was recorded vide Ex. P -4 in presence of a police officer. The so called statement made by the appellant before a police officer cannot be used against the appellant. The same is inadmissible in evidence. Therefore, the appellant deserves acquittal. He placed reliance on Madhu Vs. State of Kerala : (2012) 2 SCC 399.

(3.) WE have heard learned Counsel for the parties at length and have perused the record of Sessions Trial No. 54/2007. Admittedly, there is no eye witness to the incident and the case of the prosecution is based on the circumstantial evidence. The main circumstances, which the learned Additional Sessions Judge appears to have taken note of, are as follows: