(1.) This appeal is directed against the judgment dated 10th of December, 2008, passed in Sessions Trial No. 73/2007 by the Sessions Judge, Kabeerdham (Kawardha) (Chhattisgarh). By the impugned judgment, the appellant has been convicted under Section 302 IPC and sentenced to undergo imprisonment for life. The facts, briefly stated, are as under:--
(2.) Ms. Indira Tripathi, learned counsel appearing on behalf of the appellant, has argued that the oral dying declaration is suspicious, therefore, conviction based on the above solitary circumstance cannot be sustained.
(3.) On the other hand, Ms. Smita Ghai, learned Panel Lawyer appearing on behalf of the State, has opposed these arguments and supported the judgment passed by the Sessions Court.