RAMNATH ALIAS BHAIRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 27th of November, 2006, passed in Sessions Trial No. 94/06 by the Additional Sessions Judge, Janjgir, Sessions Division, Janjgir (CG). By the impugned judgment, the appellants have been convicted under Section 302, IPC and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 200/- with default sentence of RI for 1 month. The facts, briefly stated, are as under:-

(2.) Mr. Anand Kumar Gupta, learned Counsel appearing on behalf of the appellants, argued that the dying declarations are not reliable; the deceased was not in a fit mental condition to give dying declaration to the Executive Magistrate; and the alleged oral dying declaration made before Maharathi (P.W. 13) and Hatharin Bai (P.W. 19) is also suspicious.

(3.) Mr. Arvind Dubey, learned Panel Lawyer appearing on behalf of the State, opposed these arguments and supported the judgment passed by the Sessions Court.