RAMESHAR SATNAMI Vs. STATE OF C G

JUDGEMENT

(1.) This appeal is directed against the judgment dated 2nd of July, 2003, parsed in Sessions Trial No. 249/2002 by the Sessions Judge, Raipur. 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 Rs. 100/- with default sentence of R.I. for 1 month. The facts, briefly stated, are as under:--

(2.) Shri Ashok Verma, counsel appearing on behalf of the appellant, has argued that the solitary eye-witness namely Durga Bai (PW-2) has not supported the prosecution case. She has only deposed that she had seen the appellant running away from the place of occurrence; she had not deposed that at that time whether the appellant was holding any weapon or not; the circumstances relied by the Sessions Judge in para. 10 of the judgment are capable of being explained. Therefore, the conviction based on the above circumstances as also on the evidence of Durga Bai (PW-2) cannot be sustained.

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