HIGH COURT OF CHHATTISGARH. BILASPUR Criminal Appeal No.585 of 1992 years, R/o Village Baijalpur, Occupation Agriculture, Police Station Piparia, Distt. Rajnandgaon. Versus State of Chhatiisgarh {Crirr‘iinai appeal under Section 374 of the Code of Criminal Procedure, 1973} i RESPONDENT: Present: l lMr. Abhay Tiwari, counsel for lhe appellant. Mri Sandeep Yadav, Deputy Govt. Advocate for the State/respondent. t ORALJUDGMENT n232m0) T.P. Sharma, J: - Challenge in this appeal is to the judgment of conviction & order of sentence dated 25-2-92 passed by the Additional Sessions Judge, Khairagarh in Sessions Trial No.124/90 whereby & whereunder learned Additional Sessions Judge after holding the appellant guilty for commission of culpable homicide amounting to murder of Radha Bai, convicted the appellant under Section 302 of the l.P.C. and sentenced him to undergo imprisonment for life. 6 Judgment is impugned on the ground that without any iota of evidence, the trial Court has convicted & sentenced the appellant as aforementioned and thereby committed illegality. Case of the prosecution, in brief, is that the appellant herein who is resident of village Baijalpur where Radha Bai (since deceased) was also residing, gave a letter to Radha Bai on 197—90 and asked her to give it, to’*Laiaram who was residing with her. Radha Bai gave the said letter to Lalaram and on reading the same, Lalaram immediateiy went to village Kunkhamalgi where father of Lalaram namely, Parasram was residing. ln absence of Lalaram, the appellant committed the murder of Radha Bai and also committed robbery of the articles of Radha Bai. After APPELLANT: Madhur, S/o Dulari, aged about 22 (ln Jail) Division Bench: — Hon’ble Mr. T.P. Sharma and Hon’ble Mi“. R.L. Jha‘nwar, JJ "‘1. completion of investigation, charge sheet was filed against the appeilant and after affording opportunity of hearing to the parties, the triai Court has convicted & sentenced the appeliant in the aforesaid manner. 4. we have heard Iearned counsei for the parties, perused the judgment and record of the triai Court. U 5. Learned counsel for the appeliant submits that in the present case, the appellant has completed jail sentence and he has been released on 15— the appellant is based on credible and clinching evidence. The trial Court‘has rightly convicted & sentenced the appellant. Consequently, even we do not find any merit in the appeal, the appeal is liable to be dismissed and itjs hereby dismissed. Sd/— ‘ T. P. Sharma Judge .Sd/- ‘ R.L. Jhanwar ‘ Judge Soma 8-?004 after completion of 14 years in jail, therefore, he seeks to withdraw the appeal. 6. Evidence adduced on behalf of the prosecution reveals that conviction of