JAI KARAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 20th of November, 1997 passed in Sessions Trial No. 200/95 by the Additional Sessions Judge, Janjgir, Bilaspur. By the impugned judgment, the appellant has been convicted u/S. 302, J.P.C. and sentenced to undergo imprisonment for life.

(2.) The facts, briefly stated, are as under:-

(3.) Ms. Sangeeta Mishra, counsel appearing on behalf of the appellant, has argued that Rameshwar Prasad (P.W. 2) has turned hostile; he has not supported the case of the pros-' ecution; it was not established that in the morning, he went to the police station and lodge the report (Ex. P/3) taking the name of the appellant; it comes in the evidence of Rameshwar Prasad (P.W. 2) that the appellant was not present in the house in the fateful night as he had gone to a different village, where his daughter was married and the Sessions Judge erred in not accepting the plea of alibi.