LOKNATH Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal is directed against the judgment dated 06-02-2010 passed by First Additional Sessions Judge, Surajpur, Distt. Surguja in Sessions Trial No. 377/09. By the impugned judgment, accused/appellant Loknath has been convicted under Section 394 read with Section 398 IPC and sentenced to undergo rigorous imprisonment for 7 years and to pay fine of Rs. 100/-, in default of payment of fine, to further undergo rigorous imprisonment for 15 days. Co-accused Heera and Netaram have been acquitted of the charges framed against them. The case of the prosecution, in brief, is as under:--

(2.) Shri Ashok Shukla and Shri Atanu Ghosh, learned counsel for the appellant argued that Bilaso and Bahali were material witnesses for the prosecution but the prosecution did not examine them. The evidence of Meena Singh (PW-1) and Kunwar Sai (PW-2) was full of contradictions and not reliable. The injury sustained by complainant Meena Singh (PW-1) was simple in nature. Therefore, ingredients of Section 398 IPC do not arise. Therefore, the appellant deserves for acquittal.

(3.) On the contrary, Shri Anand Verma, learned Panel Lawyer 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.