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2023 Supreme(SC) 349

ABHAY S. OKA, RAJESH BINDAL
Panchram – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Sameer Shrivastava, AOR
For the Respondent(s): Mr. Sumeer Sodhi, AOR Mr. Shreya Singh, Adv. Mr. Chirag.M Shah, AOR

JUDGMENT :

Rajesh Bindal, J.

Leave granted.

1. The accused has filed the present appeal challenging his conviction and sentence. The impugned judgment of the High Court dated 11.10.2018 is under appeal vide which judgment and order of sentence dated 30.05.2000 passed by the Trial Court was upheld. The conviction and sentence of the appellant is as under:

Section

Sentence

341 IPC

RI 1 month

506 B IPC

RI 6 months

307 IPC

RI 5 years and fine of Rs.1,500/-, in default of payment to further undergo RI 1 year.

2. The case of the prosecution as is evident from the F.I.R. is that on 04.05.1999 at about 7.15 P.M. when the complainant Salikram was returning back from pond after taking bath, near the barn of Prasanna Kumar, the appellant stopped him, abused and threatened him to kill. Rajkumar alias Munna (PW 6) was also with him. The appellant caused injuries on the left side of his abdomen and left thigh with scissors. The appellant had doubted that the injured had illicit relations with his wife.

3. The argument


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