SURAJ DAS Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 28th November, 1996, passed in Sessions Trial No. 406/92 by the Additional Sessions Judge, Baloda Bazar, District Raipur. By the impugned judgment, the Appellants have been convicted under Section 302/34 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 1000/- with default sentences of R.I. for 1 year. The facts, briefly stated, are as under:

(2.) Smt. Renu Kochar, counsel appearing on behalf of Appellants has raised solitary contention. She has argued that Bhujbal (PW-10), the sole eyewitness relied by the Sessions Judge, is not a reliable witness, therefore, conviction based on his solitary testimony cannot be sustained. She took us to various paragraphs of his evidence as also his case-diary statement etc.

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