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2023 Supreme(SC) 209

B. R. GAVAI, VIKRAM NATH, SANJAY KAROL
Nand Lal – Appellant
Versus
State Of Chhattisgarh – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Vikas Upadhyay, AOR Ms. Ankita Kashyap, Adv. Mr. Renjith. B. Marar, AOR (A.C.) Mr. Renjith B., Adv. Mr. Lakshmi N. Kaimal, Adv. Ms. Ashu Jain, Adv. Mr. Davesh Kr. Sharma, Adv. Mr. Arun Poomulli, Adv. Mr. Shailendra Tiwary, Adv (A.C.)
For the Respondent(s): Mr. Sumeer Sodhi, AOR Mr. Dhruv Wadhwa, Adv. Mr. Devashish Tiwari, Adv. Mr. Devashish Tiwari, Adv.

JUDGMENT :

B.R. GAVAI, J.

1. Leave granted in SLP(Criminal) Nos. 6134-6135 of 2019.

2. These appeals assail the judgment and order dated 11th November 2014 passed by the Division Bench of the High Court of Chhattisgarh at Bilaspur, thereby dismissing the appeals filed by the appellants herein and confirming the judgment and order dated 24th May 2008 passed by the Second Additional Sessions Judge, Baloda Bazar, District Raipur, Chhattisgarh (hereinafter referred to as “the trial court”), convicting the appellants along with other accused for the offences punishable under Section 302 of the Indian Penal Code, 1860 (for short, “IPC”) along with other offences and sentencing them to undergo life imprisonment.

3. The prosecution story, in brief, as could be gathered from the material placed on record, is thus:

On the night of 3rd November 2006, at around 07.30 PM, Naresh Kumar, accused No. 11 had assaulted Atmaram (PW-1). After the said assault, Atmaram (PW-1) went to the Police Station, Suhela for lodging a report. Thereafter, Naresh Kumar, accused No.11 along with other accused, who were armed with deadly weapons, formed an unlawful assembly, entered the house of deceased Kartikram and ass


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