RAJENDRA PRASAD @ RAJBO Vs. STATE OF C.G.

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 15th of September, 2004 passed in Special Session Case No. 132/2000 by the Special Judge (Under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989), Ambikapur, Surguja (C.G.). By the impugned judgment, the appellant has been convicted u/s 302 IPC and sentenced to undergo R.I. for life and to pay fine of Rs. 500/ - with default sentence of S.I. for 3 months. The facts, briefly stated, are as under: - -

(2.) ADMITTEDLY there was no eye -witness to the incident and the case of the prosecution was based on circumstantial evidence, i.e. appellant brought the deceased in injured or dead condition in her house; and the appellant made extra -judicial confession before Amar Sai (PW -16) and Dilip Sai. Dilip Sai was not examined and Amar Sai (PW -16) did not support the case of the prosecution. Therefore, the Special Judge did not rely on the circumstance of extra -judicial confession and the conviction was based on the solitary circumstance that the appellant brought the deceased (dead or alive) in her house and left her in the verandah of her house. The above circumstance was held proved on the testimony of solitary witness, Sobhit (PW -2).

(3.) ON the other hand, Mrs. Madhu Nisha Singh, learned counsel appearing on behalf of the State, opposed these arguments and supported the judgment passed by the Special Court.