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2023 Supreme(SC) 30

DINESH MAHESHWARI, BELA M. TRIVEDI
Jaswant Singh – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Mohd. Irshad Hanif, AOR Mr. Gurmeet Singh, Adv. Mr. Danis Sher Khan, Adv.
For the Respondent(s): Mr. Vishal Prasad, AOR Ms. Ritika Sethi, Adv.

JUDGMENT :

BELA M. TRIVEDI, J.

1. The petitioners, who are the convicts and undergoing the sentence of life imprisonment in view of the order dated 13.02.2015 passed by this Court in SLP (Crl.) No. 1348-1349 of 2015, confirming the judgment and order dated 10.05.2013 passed by the High Court of Chhattisgarh at Bilaspur, in Criminal Appeal No. 933/2010 (arising out of Sessions Case No. 16/2006), have invoked Article 32 of the Constitution of India seeking issuance of appropriate writ, order or direction commanding the respondents for presenting the case of the petitioners to the sentencing Court for fresh consideration.

2. The present petitioners along with other co-accused having been charged for the offences under Section 147, 148, 302/149, 307/149 of IPC and Section 3(2)(5) of the Scheduled Caste and Scheduled Tribes (Prevention of Corruption Act) were tried and found guilty for the said offences by the Special Judge (SC/ST), Durg, in Special Case No. 16/2006, were sentenced to life imprisonment. It was alleged against them that all the accused, 8 in number, had constituted an unlawful assembly and had killed Kartikram and Puneet using deadly weapons like sword, axe, wooden stick et


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