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2022 Supreme(SC) 166

DINESH MAHESHWARI, VIKRAM NATH
Suresh Yadav @ Guddu – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates appeared:
For the Appellant(s) : Jail Petition, AOR
For the Respondent(s):Sumeer Sodhi, Ranjit Sharma, Advocates

JUDGMENT :

DINESH MAHESHWARI, J.

1. Though the matter is posted for directions but, having regard to the circumstances of the case and the issues involved, we have heard learned amicus curiae and learned counsel for the State finally at this stage itself.

2. Shorn of unnecessary details, the relevant background aspects of the matter are that the appellant herein had been convicted of offences under Section 302 IPC and Sections 25 and 27 of the Arms Act, after having been tried in Sessions Case No. 05 of 2004 by the Court of Ninth Additional Sessions Judge (F.T.C.) Durg.

3. The accusations against the appellant had been that he was having a love affair with the deceased but, got enraged when he saw the deceased talking to another boy and caused multiple injuries to the deceased by a pointed knife, leading to her death. As per the post-mortem report (Ex.P-21A), as many as 12 injuries were found over the body of the deceased, including penetrating wounds on lungs and liver. The prosecution also examined PW-1 as an eyewitness, who asserted having seen the appellant repeatedly causing injuries on the person of the deceased. The prosecution further asserted that the weapon of offence, the kn

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