BABLU @ JAISWAL PAIKRA Vs. STATE OF C G

JUDGEMENT

(1.) This appeal is directed against judgment dated 18-09-2008 passed by Sessions Judge, Surguja (Ambikapur) in Sessions Trial No. 465/07. By the impugned judgment, accused/appellant Bablu @ Jaiswal Paikra has been convicted under Section 302 IPC 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.

(2.) Shri Ratan Pusty, learned counsel for the appellant argued that there was no independent eye-witness. Lakhan (PW-1) is son, Kalhi (PW-2) is widow of deceased Ratua. They are highly interested witnesses. There is contradiction in the First Information Report (Ex.-P/2) lodged by Lakhan (PW-1) and in his evidence before the Court. Evidences of Lakhan (PW-1) and Kalhi (PW-2) are not cogent and reliable and thus, cannot form the basis for conviction of the appellant.

(3.) On the contrary, Shri Surya Kant Mishra, 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.