HORILAL BEERSINGH YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against judgment dated 4-8-2007 passed by Additional Sessions ludge, Khairagarh, District Rajnandgaon in Sessions Trial No. 9/2007. By the impugned judgment, accused Horilal has been convicted under Sec. 302, IPC and sentenced with imprisonment for life and to pay fine of Rs. 1000/-, in dafault of payment of fine, to further undergo rigorous imprisonment for 6 months.

(2.) Case of the prosecution, in brief, is as under:-

(3.) Shri C. R. Sahu, learned counsel for the appellant argued that there is no independent witness. Rambai (RW. 1) is widow of the deceased. She is a relative and highly interested witness. There are material contradictions in the First Information Report Ex.-P/l) lodged by Rambai (P.W. 1) and her evidence before the Court. Solitary evidence of Rambai (RW. 1) is not cogent and reliable and, therefore, cannot form the basis for conviction of the appellant.