KALASRAM Vs. STATE OF C.G.

JUDGEMENT

(1.) These appeals are directed against the judgment dated 5th of February, 2007 passed in Sessions Trial No. 192/2006 by the Second Additional Sessions Judge, Baloda Bazar. By the impugned judgment, the appellants have been convicted in following manner:-

(2.) Mr. J.R. Verma, learned counsel appearing on behalf of the appellants, has argued that there was no eye-witness to the incident; the two appellants namely-Mani Ram (A-1) and Badara Bai (A-3) were residing separately and they had no connection with the family of Kalasram (A-2); Kalasram (A-2) was not present in the house at the time of the incident; he himself reported the matter to the police giving all details; it was a day time incident, therefore, Kalasram (A-2) cannot be held responsible even for explanation as to how the deceased died homicidal death; the only connecting evidence of seizure of tangi against Mani Ram (A-1) was of no use as blood stains were not found on it, therefore, conviction vitiates and the same cannot be sustained.

(3.) On the other hand Mr. N.K. Mehta, learned Panel Lawyer appearing on behalf of the State, opposed these arguments and supported the judgment passed by the Sessions Court.