BALDAU RAM Vs. STATE OF M.P.

JUDGEMENT

(1.) These appeals are directed against judgment dated 7th February, 1996 passed by Additional Sessions Judge, Khairagarh, Sessions Division Rajnandgaon in Sessions Trial No. 112/1993. By the impugned judgment, accused/appellants Baldau Ram and Suresh Kumar have been convicted and sentenced in the following manner with a direction to run the sentences concurrently:

(2.) Shri F.S. Khare and Shri Ashish Surana, learned counsel for their respective appellant argued that the appellants are falsely implicated. None of them participated in the crime. Barati Ram (PW-3), Ghasan Bai (PW-2) and Manbha Bai (PW-4) did not identify the appellants. The incident took place at about 2.00 am (in midnight). There was no sufficient light to identify the assailants. Barati Ram (PW-3), Ghasan Bai (PW-2) and Manbha Bai (PW-4) were not in a position to identify the assailants. Learned counsel for the appellants also argued that since it was dark night, therefore, identification was not possible. Hence, conviction of the appellants cannot be sustained.

(3.) On the other hand, Shri Sandeep Yadav, learned Deputy Government Advocate appearing for the State/respondent in both the appeals, supporting the impugned judgment, submitted that the conviction and sentence awarded to the appellants do not warrant any interference by this Court.