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2011 Supreme(SC) 924

B.S.CHAUHAN, P.SATHASIVAM
Shivlal – Appellant
Versus
State of Chhattisgarh – Respondent


JUDGMENT

Dr. B.S. Chauhan, J. —

1. This appeal has been preferred against the judgment and order dated 25.8.2006 of the High Court of Chhattisgarh at Bilaspur in Criminal Appeal No.973 of 2000, wherein the High Court has confirmed the conviction and sentence, so far as the present appellants are concerned, awarded by the Additional Sessions Judge, Bemetara, Durg dated 31.3.2000 in Sessions Trial No.147 of 1999 by which the appellants stood convicted under Section 148 of the Indian Penal Code, 1860 (hereinafter called “IPC”) and sentenced to undergo R.I. for two years and pay a fine of Rs.200/-, in default of payment of fine to further undergo R.I. for one month. Sukhsagar, appellant no.2 stood convicted under Section 302 IPC and Shivlal, appellant no.1 stood convicted under Section 302 read with Section 149 IPC and both were sentenced to undergo imprisonment for life and pay a fine of Rs.500/- each, in default of payment of fine to further undergo R.I. for two months. All the sentences had been directed to run concurrently.

2. Facts and circumstances giving rise to this appeal are:

A. According to the prosecution, the appellants along with 13 other accused persons armed with deadly




























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