DUKALU Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 10.10.1994 passed in S. T.No. 119/88 by the Sixth Additional Sessions Judge, Durg.. By the impugned judgment, the appellants have been convicted under Section 302/34 IPC and sentenced to undergo imprisonment for life.

(2.) The facts, briefly stated, are as under:

(3.) Mr. D.N. Prajapati, learned counsel appearing on behalf of the appellants, argued that Ghasiya (PW1), Shivkumar (PW2) and Santram (PW12) were held to be partly reliable by the Session Court in para 20 of the judgment. The learned Session Judge has held their evidence to be doubt full on certain points. The evidence of above witnesses was not corroborated by the FIR nor by the medical evidence. Even after all this, the appellants have been convicted on the testimonies of these witnesses, therefore, the conviction cannot be sustained.