UMMED SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 18th of October, 1996 passed in Sessions Trial No. 345/95 by the Additional Sessions Judge, Manendragarh. By the impugned judgment, the appellants have been convicted under sections 148 and 302/149 IPC and sentenced to undergo R.I. for 2 years and imprisonment for life and to pay fine of Rs. 5,000/- with default sentence of additional imprisonment for 2 years. The facts, briefly stated, are as under:--

(2.) Mrs. Meena Shastri, learned counsel appearing on behalf of the appellants, has argued that Ram Singh (PW-2) is father of the deceased; he is an interested witness being close relation of the deceased; his presence at the place of occurrence is doubtful; he adopted the method of "pick and choose"; therefore, conviction based on the solitary evidence of Ram Singh (PW-2) cannot be sustained.

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