JUDGMENT

Swatanter Kumar, J.-The present appeal is directed against the judgment of the High Court of Judicature at Chattisgarh at Bilaspur dated 15th November, 2006 wherein the High Court maintained the judgment of conviction and order of sentence passed by the learned Fourth Additional Sessions Judge, Durg, Chattisgarh, convicting the appellants for an offence under Section 302 read with Section 34 of the Indian Penal Code, 1860 (for short ‘IPC’) and awarding life sentence to them. Though there were three accused before the trial court, the present appeal has been preferred only by appellant/accused No.1, Bable @ Gurdeep Singh. While impugning the judgment under appeal, the learned counsel appearing for the appellant has, inter alia, but primarily raised the following arguments:

1.The injuries found on the person of the accused have not been explained by the prosecution. The deceased having suffered serious injuries that are stated to have been inflicted by the accused, could not have been in a condition to inflict any injuries upon the person of the accused. This leads to the conclusion that the accused had been assaulted by the deceased before the deceased himself suffered the