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2009 Supreme(SC) 1044

ARIJIT PASAYAT, ASOK KUMAR GANGULY
Javed Alam – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates appeared:
For the Appellant :ranjit Kumar, Surendra Kumar, Sr. Advocates, B.S. Jain, Ajay Veer Singh, Nitin Jain, Dr. (Mrs.) Vipin Gupta, Advocates.
For the Respondent:Dr. Manish Singhvi, Atul Jha, Dharmendra Kumar Sinha, Advocates.

JUDGMENT

Dr. Arijit Pasayat, J.—

1. Challenge in these appeals is to the judgment of a Division Bench of the Chhattisgarh High Court, Bilaspur upholding the conviction of the appellants for offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the ‘IPC’). By the impugned judgment, the High Court upheld the conviction of appellant Samar Vijay Singh for offence punishable under Section 302 IPC for committing the murder of Ku. Preeti (hereinafter referred to as the ‘deceased’) on 3.12.1998 in Government Girls College Campus, Ambikapur by running over her a jeep. The co-accused appellants Javed, Raj Kumar and Ganesh were convicted under Section 302 read with Section 34 IPC for causing death of Ku. Preeti in furtherance of their common intention with the appellant Samar Vijay Singh. Co-accused Ranvijay Singh, father of accused Samar Vijay and owner of the jeep was acquitted of the charge under Section 201 IPC.

2. Prosecution case is that on 3.12.1998 Ku. Preeti Srivastava, a student of B.A. final in Govt. Girls College, Ambikapur was sitting with Ku. Vijaylaxmi Mishra (PW-7), Ku. Seema Mishra (PW-8) and Ku. Nisha Thakur (PW-17) in the campus






























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