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2023 Supreme(SC) 709

B. R. GAVAI, ARAVIND KUMAR
Sumitra Bai – Appellant
Versus
State Of Chhattisgarh – Respondent


JUDGMENT :

(B.R. Gavai, J.)

1. Delay condoned.

2. Leave granted.

3. This appeal challenges the concurrent judgment and order dated 16th October 2014 passed by the learned Additional Sessions Judge, Pratappur, District Surajpur, Chhattisgarh, in Sessions Trial No.1 of 2013 thereby convicting the appellant under Section 302 of the Indian Penal Code, 1860 (for short, “IPC”) and the judgment and order dated 1st August 2018 passed by the High Court of Chhattisgarh, Bilaspur in Criminal Appeal No.244 of 2015, thereby dismissing the appeal filed by the present appellant.

4. We have heard Shri Shri A. Sirajuddin, learned Senior Counsel appearing on behalf of the appellant and Ms. Prachi Mishra, learned Additional Advocate General (for short, “AAG”) appearing on behalf of the State of Chhattisgarh.

5. Shri A. Sirajuddin submits that, from the materials placed on record it would reveal that the appellant had no intention to cause death of her father. He submits that the evidence would clearly show that the deposition of PWs.1 to 4 would reveal that the appellant was mentally ill and was brought to the house of PW.1-Mahipal for treating her. He submits that the weapon alleged to have been use

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