LEDU RAM Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal is directed against judgment dated 26-09-2008 passed by Sessions Judge, Surguja (Ambikapur) in Sessions Trial No. 441/07. By the impugned judgment, accused/appellant Ledu Ram has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay fine of Rs. 500/-, in default of payment of fine, to further undergo rigorous imprisonment for 3 months. The facts, briefly stated, are as under:

(2.) Shri N.K. Chatterjee, learned counsel for the appellant argued that the finding of guilt recorded on the basis of circumstantial evidence is not reasonable. The appellant is not responsible for the death of the deceased. He further argued that the circumstantial evidence is not conclusive and it is well settled law that strong suspicion is no substitute for a proof, therefore, the finding recorded by the learned Sessions Judge is not sustainable and the appellant deserves to be acquitted.

(3.) Shri N.K. Mehta, learned Panel Lawyer for the State/respondent, supporting the impugned judgment, submitted that the conviction and sentence awarded by the learned Sessions Judge do not warrant any interference by this Court.