LAWS(CHH)-2013-1-25

SHIVKUMAR ALIAS SILLU Vs. STATE OF M P

Decided On January 08, 2013
Shivkumar Alias Sillu Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment dated 30th of September, 1996 passed in S.T. No. 263/1995 by the 4th Additional Sessions Judge, Bilaspur. By the impugned judgment, the appellant has been convicted under Section 302, IPC and sentenced to undergo imprisonment for life. The facts, briefly stated, are as under:--

(2.) Smt. Renu Kochar, Counsel appearing on behalf of the appellant has argued that there are many infirmities in the dying declaration; it appears to be unbelievable on the face of it; there are many manipulations in it by different ink; it appears to be suspicious; therefore, the conviction based on the solitary evidence of dying declaration cannot be sustained.

(3.) On the other hand, Shri D.K. Gwalre, Government Advocate appearing on behalf of the State, opposed these arguments and supported the judgment passed by the Sessions Court.