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2009 Supreme(Chh) 323

PRITINKER DIWAKER
MUKESH RATHORE – Appellant
Versus
STATE OF C. G. – Respondent


Advocates Appeared:
Shri R.P. Tripathi, Advocate, for the Appellant.
Shri Vaibhav Goverdhan, P.L., for the Respondent/State.

JUDGMENT

1. This appeal is directed against judgment dated 03.10.2007 passed by Sessions Judge, Janjgir Champa in Sessions Trial No. 169/2006 convicting the appellant for the offence punishable under Section 307 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for five years and pay fine of Rs. 2000 in default of payment of three to further undergo rigorous imprisonment for three months.

2. Facts of the case in brief are that FIR (Ex. P-l) was lodged on 10.7.2006 by Nepali Rathore (PW -1) alleging that on that day at about 10.40 p.m. accused persons assaulted him including one Jitendra alias Pintu and Vikas Rathore alias Lala. It is alleged that on that day one Vakil Singh Rathore alias Bablu (PW -3) after being abused by the appellant had taken Jitendra alias Pintu and Vikas Rathore alias Lala near his house. It is also alleged that Vakil Singh Rathore alias Bablu had gone there in connection with some money transaction. It is alleged that as soon as this witness, along with one Jitendra alias Pintu and Vlkas Rathore alias Lala reached there, the present appellant and other accused persons started abusing them and when the complainant party protested aga


































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