(1.) THIS appeal is directed against judgment dated 30 -11 -2007 passed by Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (henceforth 'the Act, 1989') and Additional Sessions Judge, Durg in Special Case No. 37/2006. By the impugned judgment, accused/appellant Santosh Sahu has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay fine of Rs. 2,000/ -, in default of payment of fine, to further undergo rigorous imprisonment for 3 months. Case of the prosecution, in brief, is as under:
(2.) SMT . Indira Tripathi, learned counsel for the appellant argued that there is no independent witness of the incident. Pardeshiram (PW -1) and Banti Sukhdeve (PW -2) are interested witnesses. Their evidence is not acceptable, therefore, the conviction of the appellant cannot be based on the evidence of Pardeshiram (PW -1) and Banti Sukhdeve (PW -2).
(3.) WE have heard learned counsel for the parties at length and have also perused the record of Special Case No. 37/2006. The conviction of the appellant is based on the evidence of Pardeshiram (PW -1) and Banti Sukhdeve (PW -2).
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