MAHADEV Vs. STATE OF M P
LAWS(CHH)-2010-2-64
HIGH COURT OF CHHATTISGARH
Decided on February 03,2010

MAHADEV,Junu @ Gota Appellant
VERSUS
STATE OF M P Respondents


Referred Judgements :-

DALIP SINGH VS. STATE OF PUNJAB [REFERRED TO]
JHAPAS KABARI VS. STATE OF BIHAR [REFERRED TO]
AMAR SINGH VS. BALWINDER SINGH [REFERRED TO]
SADHU RAM VS. STATE OF RAJASTHAN [REFERRED TO]
CHITTAR LAL VS. STATE OF RAJASTHAN [REFERRED TO]
STATE OF RAJASTHAN VS. BHANWAR SINGH [REFERRED TO]
MOHABBAT VS. STATE OF M P [REFERRED TO]


JUDGEMENT

- (1.)Criminal Appeal No. 13 7/1991 filed by appellant-Mahadev & Criminal Appeal No.264/1991 filed by appellant-Junu @ Gota are arising out of the judgment of conviction & order of sentence dated 25.1.1991 passed by the First Additional Sessions Judge, Bastar at Jagdalpur, in Sessions Trial No.274/89, therefore, they are being disposed of by this common judgment.
(2.)The aforesaid criminal appeals are directed against the judgment of conviction & order of sentence dated 25.1.1991 passed by the First Additional Sessions Judge, Bastar at Jagdalpur, in Sessions Trial No.274/89, whereby & whereunder learned First Additional Sessions Judge after holding appellant-Mahadev in Criminal Appeal No. 137/1991 & appellant-Junu @ Gota in Criminal Appeal No.264/1991 guilty for commission of culpable homicidal death amounting to murder of deceased Somari in sharing common intention, convicted under Section 302/34 of the Indian Penal Code, each of them have sentenced to undergo imprisonment for life.
(3.)Judgment is impugned on the ground that learned First Additional Sessions Judge has convicted and sentenced the appellants on the basis of conjecture and surmises and the evidence of solitary relative witness Ku.Shyambati (P W-2) whose evidence is full of omissions, contradictions and does not inspire confidence and thereby committed illegality.


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