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2019 Supreme(SC) 826

N.V.RAMANA, MOHAN M.SHANTANAGOUDAR, AJAY RASTOGI
Balwan Singh – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates Appeared:
For the Appellant(s) :Rajeev Kumar Bansal, M.P. Singh, Akshay K. Ghai, Sarvam Ritam Khare, Advocate
For the Respondent(s):Pranav Sachdeva, Jatin Bhardwaj, Neha R. Abhinav Shrivastava, Rupesh Kumar, Advocates

JUDGMENT :

MOHAN M. SHANTANAGOUDAR, J.

These appeals arise out of the judgment dated 10.02.2015 of the High Court of Chhattisgarh at Bilaspur in Criminal Appeal No. 178 of 2011 and Criminal Appeal No. 179 of 2011 confirming the judgment and order of conviction dated 20.01.2011 passed by the Additional Sessions Judge, Fast Track Court, Pendra Road, District Bilaspur in S.T. No. 57 of 2010 convicting the appellants and other accused for offences punishable under Sections 148 and 302/149 of the Indian Penal Code (for short, ‘IPC’) and sentencing them accordingly.

2. The case of the prosecution is that on account of previous enmity with Pitambar Singh (since deceased), the Accused No. 1 - Balwan Singh (appellant in Criminal Appeal No. 727 of 2015), on 22nd January, 2007, at evening time, was talking with the other accused regarding preparation to kill Pitambar Singh. Their conversation was heard by Sunderlal Rathore @ Sunder Singh Rathore (PW11) and Shatrughan Singh (PW12), who were passing through the same place. Further, it was the case of the prosecution that all the accused, armed with deadly weapons, went towards the field of one Bhagwat Seth and committed the murder of Pitambar Sing































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