THAKUR RAM Vs. STATE OF MP

JUDGEMENT

(1.) This appeal is directed against judgment dated 01-02-1997 passed by Additional Sessions Judge, Baloda Bazar, District Raipur in Sessions Trial No. 332/1993. By the impugned judgment, accused/appellant Thakur Ram has been convicted under Section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 5 years and to pay fine of Rs. 1,000/-, in default of payment of fine, to further undergo rigorous imprisonment for 6 months. Co-accused Awadhram and Chheduram have been acquitted of the charge framed against them. Case of the prosecution, in brief, is as under:

(2.) Shri M.D. Dhote and Shri B.R. Gupta, learned counsel for the appellant argued that there is no independent witness. Pancho Bai (PW-4) is the wife of Complainant Vishwanath (PW-3). She is a relative and interested witness. The evidence of Complainant Vishwanath (PW-3) is full of contradictions and same is not corroborated by any independent witness. Independent witnesses did not support the case of the prosecution, therefore, the evidence of Complainant Vishwanath (PW-3) and Pancho Bai (PW-4) are not cogent and reliable, Hence, the conviction recorded by the learned Additional Sessions Judge is not sustainable in the eyes of law and the appellant deserves to be acquitted.

(3.) On the contrary, Shri Anant Bajpai, learned Panel Lawyer for the State/respondent, supporting the impugned judgment, submitted that the conviction and sentence awarded to the appellant do not warrant any interference by this Court.