OMPRAKASH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 19th of April, 2007 passed in Sessions Trial No. 230/06 by the Additional Sessions Judge, Bemetara, District Durg (C.G.). By the impugned judgment, the appellant has been convicted u/S 302 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs.100/- with default sentence of S.I. for one month.

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

(3.) Mr. Sunil Otwani, learned counsel appearing on behalf of the appellant, has argued that the eye-witnesses are not reliable; their evidence is not consistent; they are close relatives of the deceased; therefore, conviction based on their testimonies cannot be sustained. He took us to the evidence of all the eye-witnesses. Lastly he has contended that it was a case of single blow, therefore, an offence u/S 302 IPC may not be made out and the appellant may be punished under some lesser Section preferably Part-I or Part-II of Section 304 IPC.