MEGHANATH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) These appeals are directed against the judgment dated 31st of October, 2002 passed in Sessions Trial No. 86/2002 by the Third Additional Sessions Judge (FTC), Bemetara, District Durg (C.G). By the impugned judgment, the appellants have been convicted u/Ss. 302/ 34 and 318/34, IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 500/- and R.I. for 1 year with a direction to run the sentences concurrently.

(2.) The facts, briefly stated, are as under :-

(3.) Learned counsel appearing on behalf of the appellants have argued that the confession of Ganga Bai (A-l) before the village Panchayat was not proved; even otherwise also her confession either in village Panchayat or in her 313, Cr. P.C. statements was not substantive evidence against Meghanath (A-2); there was no incriminating evidence against Meghanath (A-2) that he had committed murder of the child; he has been convicted on insufficient evidence. About Ganga Bai (A-l), it was argued that even if the entire case of the prosecution is admitted, she would not be liable for punishment u/S. 302/34, IPC as there is no evidence that either she committed murder of the child (infant) or she in any manner shared common intention with Meghanath (A-2) for commission of murder of the said child.