BABULAL Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal is directed against judgment dated 06-12-2008 passed by Sessions Judge, Durg, in Sessions Trial No. 19/2008. By the impugned judgment, accused/appellant Babulal has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay fine of Rs. 1000/-, in default of payment of fine, to further undergo rigorous imprisonment for 3 months. The case of the prosecution in brief is as under:--

(2.) Shri C.R. Sahu, learned counsel appearing for the appellant argued that the trial Court did not properly appreciate the evidence. The finding of conviction of the appellant is arrived at on the basis of extra judicial confession made by the appellant. The so called extra judicial confession is not reliable and cannot be based for conviction. Therefore, the impugned judgment of conviction and sentence is not sustainable and the appellant deserves to be acquitted.

(3.) Shri Sandeep Yadav, learned Deputy Government Advocate appearing 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.