SHARAD GANVEER @ DHAN DHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against judgment dated 16-12-2004 passed by Session Judge, Bilaspur in Sessions Trial No. 374/2003. By the impugned judgment, accused /appellant Sharad Ganveer alias Dhan has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay fine of Rs. 1,000/-, in default of payment of fine, to further undergo rigorous imprisonment for 3 months. Case of the prosecution, in brief, is as under:

(2.) Shri Vinay Dubey, learned counsel for the appellant argued that there is no independent eye witness. Ravindrakant Bharti (PW-10) is the uncle of the deceased. He is highly interested witness. His presence at the place of occurrence is doubtful. He further argued that some quarrel had taken place between the appellant and the deceased. The prosecution did not adduce any cogent and reliable evidence. Therefore, the conviction recorded by the learned trial Judge is not sustainable and the appellant deserves to be acquitted.

(3.) Shri D.K. Gwalre, learned Government Advocate for the State/respondent, supporting the impugned judgment, submitted that the conviction and sentence awarded by the learned Session Judge do not warrant any interference by this Court.