DIYAR ALIAS DWARIKA Vs. STATE OF C G

JUDGEMENT

(1.) These appeals are directed against the judgment dated 25th of October, 2008, passed in Sessions Trial No. 133/2008 by the 11th Additional Sessions Judge, Raipur (CG). By the impugned judgment, the appellants have been convicted under Sections 302 and 201, both read with Section 34 IPC, and sentenced to undergo imprisonment for life and fine of Rs. 1000/- and R.I. for 3 years and fine of Rs. 500/-, respectively, with default sentences under each count with a further direction to run the sentences concurrently. The facts, briefly stated, are as under:--

(2.) Mr. Samir Singh, learned counsel appearing on behalf of the appellants, has argued that the 'last seen' circumstance was not fully established; except their own clothes, no other incriminating articles were seized from the possession of the appellants. Though it was proved that blood stains were found on the clothes belonging to the appellants, but the origin and the group of the blood stains were not determined; it was not proved that the Tiffin box, allegedly seized from the possession of appellant Tilak Ram (A-3), was belonging to the deceased, as there was no identification of the same.

(3.) On the other hand, Mr. A.S. Kachhawaha, learned Dy. Advocate General appearing on behalf of the State, has opposed these arguments and supported the judgment passed by the Sessions Court.