RAM KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 22 -1 -2007 passed by 9th Additional Sessions Judge (FTC), Bilaspur in Sessions Trial No. 384/2005. By the impugned judgment, accused/appellant Ram Kumar has been convicted under section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay fine of Rs. 200/ -, in default of payment of fine, to further undergo imprisonment for 3 months. Case of the prosecution, in brief, is as under:

(2.) SHRI Ram Kumar Tiwari, learned counsel for the appellant argued that Rambati (PW -1), Bhagwat Prasad (PW -5), Shyamlal (PW -6), Melaram (PW -7) and Badrikabai (PW -9) are related to each other and they are highly interested witnesses. There are many contradictions and omissions in their evidence. There is no clinching and reliable evidence against the appellant. Therefore, the conviction of the appellant cannot be sustained and the appellant deserves acquittal.

(3.) WE have heard learned counsel for the parties at length and have perused the record of Sessions Trial No. 384/2005. The conviction of the appellant is based on the evidence of Rambati (PW -1), Bhagwat Prasad (PW -5), Shyamlal (PW -6), Melaram (PW -7) and Badrikabai (PW -9).