BARKAT ALI Vs. STATE OF C G

JUDGEMENT

(1.) This appeal is directed against the judgment dated 26th of December, 2007 passed in Sessions Trial No. 155/2007 by the 6th Additional Sessions Judge, Bilaspur. By the impugned judgment, the appellant has been convicted under Section 302 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 500/-, with default sentence for R.I. for one month. The facts, briefly stated, are as under;--

(2.) Mr. Manoj Mishra, learned counsel appearing on behalf of the appellant, has argued that the eyewitnesses had turned hostile and they had not supported the case of the prosecution; the alleged extra judicial confession made by the appellant before Jebunisha (P.W.-1) and Nuri (P.W.-4) is highly suspicious; these two witnesses have deposed that they were assaulted by the appellant by iron rod and had sustained grievous injuries, but there is no medical report; even, the Investigating Officer did not depose that these two witnesses had sustained any injury; these two witnesses are mother and daughter of the deceased; they are interested witnesses, therefore, conviction based on the solitary circumstance of extra judicial confession cannot be sustained.

(3.) On the other hand, Mr. S.R.J. Jaiswal, learned Panel Lawyer appearing on behalf of the State, has opposed these arguments and supported the judgment passed by the Sessions Court.