NANDAU @ VANSH BAHADUR Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal is directed against the judgment dated 28th of February, 2006 passed in Sessions Trial No. 321/2004 by the Additional Sessions Judge, Manendragarh, District Korea (C.G.). By the impugned judgment, the appellant has been convicted u/ss 302 & 201 IPC and sentenced to undergo imprisonment for life & to pay fine of Rs. 1,000/- and R.I. for 5 years & to pay fine of Rs. 500/- with default sentences under each count, with direction to run the sentences concurrently. The facts, briefly stated, are as under :--

(2.) Mr. Rajkumar Gupta, learned Counsel appearing on behalf of the appellant, argued that the two eye-witness of dragging and assault have turned hostile; evidence of Biran Singh (PW-3), Rangi Lal (PW-4), Gokaran Singh (PW-5), Pongu (PW-7) and Ramgopal Singh (PW-8) are hearsay and based on evidence of Faguni Bai (PW-2) who had already turned hostile; the identification of the steel tank was not properly conducted and it was not established that the said tank was belonging to the deceased; therefore, the conviction cannot be sustained.

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