(1.) This appeal is directed against the judgment dated 30.11.2006 passed in Sessions Trial No. 90/2006 by the Fourth Additional Sessions Judge, (FTC) Raigarh. By the impugned judgment, accused/appellant Chhandu Uranv 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 one month. Case of the prosecution, in brief, is as under:
(2.) Smt. Hamida Siddique, learned counsel appearing for the appellant argues that the finding of guilt recorded on the basis of extra judicial confession and circumstantial evidence is not reliable. Extra judicial confession made by the appellant is not reliable. She further argues that it is well settled that strong suspicion is not a substitute for a proof. Therefore, the finding recorded by the Additional Sessions Judge is not sustainable and the appellant deserves to be acquitted.
(3.) Mr. Sandeep Yadav, Dy. Govt. Advocate for the State/respondent supporting the impugned judgment, submits that the conviction and sentence awarded to the appellant do not warrant any interference by this Court.
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