SANTOSH SINGH @ BALLU Vs. STATE OF C.G.

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 31 -7 -2006 passed by Additional Sessions Judge, Bemetara, Durg in Sessions Trial No. 4/2006. By the impugned judgment, accused/appellant Santosh Singh @ Ballu has been convicted and sentenced in the following manner with a direction to run the sentences concurrently: -

(2.) SMT . Savita Tiwari, learned counsel for the appellant argued that the finding of guilt recorded on the basis of evidence of last seen together is not reasonable. She further argued that the appellant was not present in the house at the time of incident, therefore, he is not responsible for the death of the deceased. She further argued that the circumstantial evidence is not conclusive and it is well settled law that a strong suspicion is no substitute for a proof, therefore, the finding recorded by the learned Additional Sessions Judge is not sustainable and the appellant deserves to be acquitted.

(3.) WE have heard learned counsel for the parties at length and have perused the record of Sessions Trial No. 4/2006. Admittedly, there is no eye -witness to the incident and the case of the prosecution is based on the circumstantial evidence.