KISHAN Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by the accused Kishna against the judgment of the Sessions Judge, Kishangarh, dated the 31st October 1949, by which he has been convicted under sec. 307 I. P. C. and sentenced to undergo seven year's rigorous imprisonment and pay a fine of Rs. 200/- or suffer six months' further rigorous imprisonment in default.

(2.) THE applicant's advocate contends that the main evidence in this case is that of the complainant, prosecution witness Mst. Chandri, alone that it is neither sufficient nor reliable to base the appellant's conviction and, therefore, he should be acquitted. THE Government Advocate, on the other hand, argues that Chandri's statement was fully supported by the appellant's own confession recorded under section 164 Cr. P. C. and that this important piece of evidence being wrongly rejected by the Sessions Judge it should be admitted now.