MANOJ KUMAR MISHRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against judgment dated 24-2-2004 passed by Additional Sessions Judge, Manendragarh, District Koriya in Sessions Trial No. 318/ 2011 whereby the appellant has been convicted under Section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 5 years and to pay fine of Rs. 1,000/-, in default of payment of fine, to further undergo rigorous imprisonment for 5 months.

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

(3.) Shri Prafull Bharat and Shri Keshav Dewangan, learned counsel for the appellant, argued that evidence of Munnalal (PW-2) is full of contradictions. Iliyas (PW-3) and Dinu Dewangan (PW-4) did not support the case of the prosecution. The prosecution has not been able to prove the offence against the appellant beyond reasonable doubt. Therefore, the conviction recorded by the learned Additional Sessions Judge against the appellant is not sustainable and the appellant deserves to be acquitted.