RAMANAND PANDEY Vs. STATE OF C G

JUDGEMENT

(1.) This appeal is directed against the judgment dated 28th of July, 2001, passed in Sessions Trial No. 364/1999 by the 4th Additional Sessions Judge, Link Court, Pendra Road, Bilaspur. By the impugned judgment, appellant No. 1-Ramanand Pandey (A-1) has been convicted under Section 302 IPC and appellant No. 2-Smt. Asha Devi alias Guddi (A-2) has been convicted under Sections 302/34 IPC and both have been sentenced to undergo R.I. for life and to pay fine of Rs. 1000/- with default sentences of R.I. for 6 months. The facts, briefly stated, are as under:--

(2.) Mr. Surendra Singh, learned Senior counsel appearing on behalf of the appellants, has argued that the circumstances set-forth were not fully established; they were not of conclusive nature and tendency; the circumstances were insufficient and capable of being explained; the alleged circumstance of 'last seen' was not relevant because admittedly, appellant-Ramanand (A-1) was residing with the deceased in his house; and it was not established that the letter (Ex. P/11) was written by appellant - Smt. Asha Devi alias Guddi (A-2) as the Expert Report was not proved.

(3.) On the other hand, Ms. Pushpa Dwivedi, learned Panel Lawyer appearing on behalf of the State, has opposed these arguments and supported the judgment passed by the Sessions Court.