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CHHATTISGARH HIGH COURT
Indira Tripathi, J
Santosh Sahu v. State of Chhattisgarh
| Table of Content |
|---|
| 1. conviction of santosh sahu for murder based on eyewitness accounts. (Para 1 , 2) |
| 2. argument regarding the credibility of eyewitness testimony. (Para 3 , 4) |
| 3. assessment of the credibility of interested witnesses and corroboration with medical evidence. (Para 5 , 6 , 8 , 10 , 15) |
| 4. intention behind injury leading to a revised conviction under section 304 ipc. (Para 19) |
| 5. final result indicating the modification of conviction. (Para 20) |
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 S.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.
2. Case of the prosecution, in brief, is as under:
Deceased Rakesh was Mahaar by caste, belonged to Scheduled Caste. On 2-5-2006, Pardeshiram (PW - 1) was going on a motorcycle along with Banti
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