N. DEV DASS SINGHA Vs. STATE

JUDGEMENT

(1.) Challenge in this appeal, filed under Section 374(2) of the Criminal Procedure Code, is to the judgment dated 02.3.2010 and the order on sentence dated 06.03.2010 whereby the appellant has been sentenced to imprisonment for life for the offence punishable under Section 302 IPC.

(2.) The case of the prosecution, as noticed by the trial court, is as under:

(3.) In support of its case, the prosecution has examined 19 witnesses. Counsel for the appellant submits that the judgment on conviction and the order on sentence passed by learned trial court is bad in law, it is based on conjectures and surmises and mere probabilities and is thus not sustainable in the eyes of law. It is also the case of the appellant that the facts and the evidence placed on record do not conclusively prove the guilt of the appellant; there are no eye witnesses to the case; and on the basis of broken chain of circumstantial evidence a conviction cannot be formed.