SHANKAR BARETH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 6th of July, 2007 passed in Sessions Trial No. 270/2006 by the 8th Additional Sessions Judge (FTC), Bilaspur. By the impugned judgment, the appellant has been convicted u/s 302 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 300/- with default sentence of S.I. for 1 month.

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

(3.) Mr. Rajkumar Gupta, counsel appearing on behalf of the appellant, has argued that the dying declaration was not properly proved; it comes in the evidence of Jhadi Ram (PW-1) that the deceased was throughout unconscious after 11.00 a.m of 19.4.2006, therefore, the dying declaration becomes suspicious; no Doctor has been examined in this matter; the certificate given on the dying declaration (Ex.-P/2) is also not proved; and the postmortem report is also not proved.