BHARAT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 29th of April, 2008 passed in Sessions Trial No. 242/2007 by the Second Additional Sessions Judge (FTC), Surajpur. By the impugned judgment, the appellant has been convicted under section 302, Indian Penal Code and sentenced to undergo imprisonment for life and to pay fine of Rs. 100/ - with default sentence of R.I. for 5 days. The facts, briefly stated, are as under: - -

(2.) MR . Ratan Pusty, learned counsel appearing on behalf of the appellant, has argued that most of the prosecution witnesses had turned hostile; Amritlal (P.W. -12) was not reliable; it does not appear that he had seen the incident; Ramnarayan (P.W. -9) was a hostile witness, therefore, his entire evidence was to be discarded; Itwaro Bai (P.W. -3) and Kartik Lal (P.W. -4) were interested witnesses being wife and son of the deceased, therefore, their version should not have been relied upon.

(3.) HAVING heard learned counsel for the parties at length, we have perused the records of the sessions case.