DILHARAN SAHU Vs. STATE OF C G

JUDGEMENT

(1.) TODAY, this appeal is listed for hearing on I.A. No. 1/2007 for suspension of sentence and grant of bail during the pendency of this appeal. During the course of arguments, we have perused the record and judgment of the trial court and perusal of the same shows that in this case the accused/Appellant has been convicted merely on the basis of surmises and conjectures, there is no legal evidence in order to connect the accused/Appellant with the crime in question and therefore, we decided to dispose of this appeal itself, to which learned Counsel to the respective parties gave their consent.

(2.) THIS appeal is directed against the judgment of conviction and order of sentence dated 3rd May, 2007 passed by learned 2nd Additional Sessions Judge, Baloda Bazar, District Raipur in Session Trial No. 374/06 whereby learned Additional Sessions Judge after holding the accused/Appellant guilty for commission of offence under Section 450, 302 and 201 of the IPC, sentenced him to undergo R.I. for 10 year and to pay a fine of Rs. 100/-, in default of payment of fine to further undergo R.I. for one month; R.I. for life and to pay a fine of Rs. 100/-, in default of payment of fine to further undergo R.I. for one month and R.I. for 7 years and to pay a fine for Rs. 100/-, in default of payment of fine to further undergo R.I. for one month respectively. All the sentences have been directed to run concurrently.

(3.) DURING the investigation, the accused while in police custody gave memorandum (Ex. P-3) and stated that he is producing Iron Kada, which was used for attacking Mangalin Bai. Said Iron kada was seized under Ex. P-4. Based on the information given by the accused Panchanama Ex. P-6 was prepared. Iron "Kada" was sent to the medical officer, PHC Bilaigarh under Ex. P-22 for his opinion, who gave his report vide Ex. P-19 and opined that is was possible that the injuries found on the body of Mangalin Bai could be caused by said Iron "Kada" in question. He further opined that the injuries could be caused otherwise also.