BRIJLAL SAHU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Against judgment dated 9-3-1995 passed by 4th Additional Session Judge, Raipur in Session Trial No.244/1994 (State vs. Brijlal Sahu), accused/appellant Brijlal Sahu has preferred two appeals, i.e., Criminal Appeals No.876/1995 and 610/1995. Shri Ram Krishna Sharma, Advocate has been engaged by the High Court Legal Services Committee to appear and argue on behalf of the appellant.

(2.) Case of the prosecution, in brief, is as under:

(3.) Shri Ram Krishna Sharma, learned counsel for the appellant argued that the finding of guilt recorded on the evidence of last seen together and on the basis of the memorandum statement and recovery of the shoes is unreasonable. The above circumstances are not proved beyond reasonable doubt. Even if the circumstances are taken on their face value, it cannot be said that it was the appellant who committed murder of the deceased. Learned counsel also argued that one shoe, which was recovered from the place of occurrence, was not properly identified. He further argued that it is well settled that a strong suspicion is no substitute for a proof, therefore, the finding recorded by the learned Additional Session Judge is not sustainable and the appellant deserves to be acquitted.