(1.) THIS appeal is directed against judgment dated 17 -8 -2007 passed by Additional Sessions Judge, Dhamtari, Session Division Dhamtari in Sessions Trial No. 25/2006. By the impugned judgment, accused/appellant Pardeshi Pahariya 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 4 months. Case of the prosecution, in brief, is as under:
(2.) SHRI Vishwanath Goswami, learned counsel for the appellant argued that the finding of guilt recorded on the basis of extra -judicial confession and circumstantial evidence is unreasonable. Extra -judicial confession made by the appellant is not reliable. He further argued that it is well settled 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. 25/2006. Admittedly, there is no eye -witness to the incident and the case of the prosecution is based on the circumstantial evidence. Main circumstances, which the learned Additional Sessions Judge appears to have taken note of, are thus:
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