TEMAN YADAV Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against judgment dated 16.12.97 passed by First Additional Sessions Judge, Ambikapur in Sessions Trial No. 420 of 1993. By the impugned judgment, accused/appellant Teman Yadav has been convicted under Sections 332 and 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years and five years, respectively with a direction to run the sentences concurrently. Co-accused persons Lakshman and Devanti Devi have been acquitted of the charges framed against them. Case of the prosecution, in brief, is as under:

(2.) Mr. Shakti Raj Sinha, learned counsel appearing for the appellant argued that the prosecution has not been able to prove that the appellant deterred Jitendra Singh (PW-3) from performing his official duty. Evidence of Jitendra Singh (PW-3) and Omprakash Tiwari (PW-2) are not reliable and do not prove that Jitendra Singh (PW-3) was deterred from performing any duty at the relevant time. Omprakash Tiwari (PW-2) is an interesting witness and the prosecution did not examine any independent witness, though many persons were present at the spot. Therefore, conviction recorded by the First Additional Sessions Judge is not sustainable and the appellant deserves to be acquitted.

(3.) On the contrary, Mr. AK Singh, learned Panel Lawyer for the State/respondent opposed the above argument and supported the impugned judgment of conviction and sentence.