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T.P.SHARMA
Shivanandan Marar – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Mrs. Savita Tiwari, Advocate.
For the Respondent: Mr. Pankaj Shrivastava, Panel Lawyer.

JUDGMENT (ORAL)

T.P. Sharma, J.—By this appeal, the appellant has challenged the legality and propriety of the judgment of conviction and order of sentence dated 18.5.2007 passed by the Additional Sessions Judge, Sarangarh, in Sessions Trial No. 136/2005 whereby the learned Additional Sessions Judge after holding the accused/appellant guilty for the offence punishable under Section 306 of the Indian Penal Code sentenced him to undergo rigorous imprisonment for 5 years and to pay fine of Rs. 10,000/-, in default of payment of fine to further undergo rigorous imprisonment for 6 months.

2. The judgment of conviction is challenged on the ground that without there being any cogent and credible evidence, the trial court has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

3. Case of the prosecution, in brief: Son of the appellant namely Kanhaiyalal was married with deceased Sukhmati who was residing with the appellant and other co-accused in her matrimonial house. Accused Shivnandan who is father-in-law of the deceased is behaved towards his daughter-in-law was indecent and many times he used to enter in the room of the deceased Sukhmati with inte

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