TIRATHRAM ALIAS TILAKRAM Vs. STATE OF C G

JUDGEMENT

(1.) This appeal is directed against the judgment dated 26-9-2006 passed in S.T. No. 30 of 2006 by the Sessions Judge, Rajnandgaon (CG). By the impugned judgment the appellant has been convicted under Sections 302 and 201 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 500/-; and RI for seven years and to pay fine of Rs. 500/- with default sentences under each count with a further direction to run sentences concurrently. The facts, briefly stated, are as under:

(2.) Mr. Ashok Verma, counsel appearing on behalf of the appellant has argued that the above circumstances were not fully established. The circumstances were not of conclusive nature and tendency; it was not proved that the pocket diary (Article F) was belonging to the appellant and it was also not proved that the hand-writing in the diary was of the appellant, therefore, conviction cannot be sustained.

(3.) On the other hand, Ms. Madhunisha Singh, Panel Lawyer appearing on behalf of the State has opposed these arguments and supported the judgment passed by the Sessions Court.