MILAN KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against judgment dated 30-5-2003 passed by 1st Additional Sessions Judge, Mahasamund in Sessions Trial No. 412/2002. By the impugned judgment, accused/appellant Milan Kumar has been convicted under Section 304 Part II of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 5 years and co-accused Dhashrath Netam has been acquitted of the charges framed against him.

(2.) Case of the prosecution, in brief, is as under:-

(3.) Shri K. K. Dewangan, learned counsel for the appellant, argued that the evidence of prosecution witnesses are not cogent and trustworthy. The evidence of prosecution witnesses is full of contradictions. He.fur-ther argued that the prosecution has not been able to prove the offence against the appellant beyond reasonable doubt. Co-accused Dashrath has been acquitted by the learned trial Court, therefore, the appellant cannot be convicted on the same set of evidence. Hence, the appellant deserves to be acquitted.