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2012 Supreme(Chh) 267

T.P.SHARMA, R.N.CHANDRAKAR
Khomanlal – Appellant
Versus
State of Chhattisgarh – Respondent


JUDGMENT

T. P. SHARMA, J.

Challenge in this appeal is to the judgment of conviction and order of sentence dated 10-7-2003 passed in S.T. No. 151/2002 whereby and whereunder the Sessions Judge, Rajnandgaon after holding the appellant guilty for causing homicidal death amounting to murder of Kumari Chitrekha Yadav, convicted the appellant under Section 302 of the IPC and sentenced to undergo R.I. for life imprisonment.

2. Conviction is impugned on the ground that without an iota of evidence the trial Court has convicted and sentenced the appellant as aforementioned, and thereby committed illegality.

3. As per case of the prosecution, on fateful day i.e. 23-7-2002 at about 5.00 p.m. in Village Manikpur, Police Station Dongergaon, District Rajnandgaon the appellant chopped head of Kumari Chitrekha Yadav, aged about 16 years, by dangerous weapon knife and rushed towards the police station with chopped head after leaving rest part of the body near the place of incident. The incident has been witnessed by Kusum Bai (PW-2) and child witness Rajeshwari Sahu (PW-3). Merg was recorded vide Ex.P-1. FIR was lodged by Ramdayal Sahu (PW-1) vide Ex.P-4. The Investigating Officer left for the scene o














































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