BIDE SINGH MANDAVI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374 of the Code of Criminal Procedure, 1973 against judgment dated 25.07.2008 passed by Additional Sessions Judge, North Bastar, Kanker (C.G.) in Session Trial No. 108/2007, wherein the said court convicted the appellant for commission of offence under Sections 307 & 459 of IPC, 1860 and sentenced to undergo R.I. for 5 years and fine of Rs. 10,000/- and R.I. for 5 years and fine of Rs. 1,000/- respectively with further default stipulations.

(2.) In the present case, name of the victims are Fuleshwari & Rahmatbai. It is alleged that the appellant caused grievous assault to both the victims in the intervening night of 30.06.2007 to 01.07.2007 in village- Tarasgaon at about 12:30 in the midnight by iron rod which was dangerous/ fatal to their life.

(3.) Learned counsel for the appellant submits that version of the prosecution witnesses are not reliable, therefore, there is no justification in convicting the appellant.