LAWS(CHH)-2013-2-37

BHAVAT YADAV Vs. STATE OF C G

Decided On February 27, 2013
Bhavat Yadav Appellant
V/S
State Of C G Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment dated 11.10.2012 passed in Sessions Trial No. 03/2012 by the Additional Sessions Judge, Dongargarh, Distt.- Rajnandgaon (C.G.). By the impugned judgment, the Appellant has been convicted under Section 302 IPC and sentenced to undergo imprisonment for life and to pay fine of Rupees 300/- with default sentence of R.I. for 2 months. The facts, briefly stated, are as under:--

(2.) Mr. Samir Singh, counsel appearing on behalf of the Appellant, has argued that the above circumstances were not fully established; they were not of conclusive nature and tendency; the circumstances were capable of being explained and the chain of circumstantial evidence was also not complete. He also argued that the motive set-forth by the prosecution was also not established and it was not sufficient to commit an offence like murder.

(3.) On the other hand, Mr. Rajendra Tripathi, Panel Lawyer, appearing on behalf of the State, has opposed these arguments and supported the judgment passed by the Sessions Court.