RAM SARKAR KASHYAP Vs. STATE OF C G

JUDGEMENT

(1.) This appeal is directed against the judgment dated 06.12.2007 passed by the Sessions Judge, Janjgir-Champa in Sessions Trial No. 156/2007. By the impugned judgment, accused/appellant Ram Sarkar has been convicted under Sections 364 and 302 IPC and sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 500/-, in default of payment of fine, to further undergo rigorous imprisonment for three months; imprisonment for life and to pay fine of Rs. 500/-, in default of payment of fine, to further undergo rigorous imprisonment for three months respectively with a direction to run the sentences concurrently. Case of the prosecution, in brief, is as under:

(2.) Mr. Afroz Khan, learned counsel for the appellant argued that finding of guilt was recorded on the basis of the evidence of Gyanlal (PW-1) and Asmat Bai (PW-3). The appellant has been falsely implicated in the case. Identification of the appellant is highly suspicious. The incident took place in the night, therefore, it was not possible to identify the appellant. Gyanlal (PW-1) specifically deposed that he did not see the appellant. The doctor who conducted the postmortem of the deceased opined that the nature of death could be accidental, therefore, the prosecution could not prove the case against the appellant beyond reasonable doubt. Hence, the appellant is entitled for acquittal.

(3.) Mr. Neeraj Mehta, learned Panel Lawyer for the State, supporting the impugned judgment, submitted that the conviction and sentence awarded to the appellant by the learned Sessions Judge, do not warrant any interference by this Court.