KUMBHAJ Vs. STATE OF C G

JUDGEMENT

(1.) These 2 appellants have been convicted under Sections 302/34 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 500/- with default sentence of R.I. for 6 months. The judgment and finding has been recorded in ST. No. 37/2001 by the 2nd Additional Sessions Judge, Baloda Bazar, District Raipur (CG) on 31st of August, 2001. The facts, briefly stated, are as under:--

(2.) Learned counsel for the appellants, have argued that the circumstances were not fully established; they were not of conclusive nature and tendency; the circumstance of 'last seen' itself was not sufficient to convict the appellants as there was a long time gap between the deceased allegedly seen alive in the company of the appellants and the dead body found; other circumstances were also not fully established, therefore, the conviction based on insufficient circumstantial evidence cannot be sustained.

(3.) On the other hand, learned counsel for the State, has opposed these arguments and supported the judgment passed by the Sessions Court.