Chhedi Lal Kevat v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Appeal No.728 of 2008 Chhedi Lal Kevat, S/o Latel Kevat, aged 40 years, r/o Village Hirri, P.S. Masturi, District Bilaspur, Chhattisgarh ---- Appellant versus State of Chhattisgarh through District Magistrate Bilaspur, Chhattisgarh --- Respondent For Appellant :

Shri B.N. Nande, Advocate For State/Respondent :

Shri Sameer Behar, Panel Lawyer Hon'ble Shri Justice Arvind Singh Chandel Judgment on Board 23.9.2017 1.

The Appellant has been convicted under Section 304 Part I of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs.200/- with default stipulation.

2.

A certificate of incarceration sent by the Jail Superintendent, Central Jail, Bilaspur and received today would mention that the Appellant has undergone the entire jail sentence imposed upon him by the Trial Court and already released on 24.1.2013 from the Central Jail.

3.

I have heard Learned Counsel appearing for the Appellant. He submitted that the Appellant has been falsely implicated in the case.

4.

Per contra, Learned Counsel appearing for the State supported the impugned judgment.

5.

I have perused the record to assess the correctness of the

impugned judgment of conviction.

6.

The Appellant has allegedly committed the offence of culpable homicide not amounting to murder. The case of the prosecution is totally based on the extra judicial confession of the Appellant allegedly made before Village Kotwar Kholbaharadas (PW1). Kholbaharadas (PW1) and Gangaram (PW3) have fully supported the prosecution case.

7.

Considering the material available on record and other factors, I do not find any merit in this appeal.

8.

Consequently, the appeal deserves to be and is hereby dismissed. Sd/- (Arvind Singh Chandel) Judge Gopal