SANDEEP KHARE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 06.10.2010 passed by the First Additional Sessions Judge, Bilaspur in Sessions Trial No.165/2009, whereby and whereunder, the trial Court, after holding the appellant guilty for causing homicidal death amounting to murder of deceased Ku. Poonam, convicted the appellant under Section 302 of the IPC and sentenced him to undergo imprisonment for life and to pay fine of Rs.500/-, in default of payment of fine to further undergo R.I. for 3 months.

(2.) Conviction is impugned on the ground that without there being an iota of evidence, the trial Court has convicted & sentenced the appellant as aforementioned and thereby committed illegality.

(3.) The case of the prosecution, in brief, is that on 02.06.2009 at about 6.00 a.m. accused / appellant called deceased Ku. Poonam at Torwa water tank. Allegation is that love affair was going on between them and marriage of deceased was fixed for 12.06.2009 with one Sushil, resident of village Birkona, due to which the accused / appellant got annoyed and caused 13 stab injuries by means of knife to the deceased. This incident was witnessed by D.K. Ravishankar Rao (PW-5) and Mukesh Khare (PW-10).