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2013 Supreme(Chh) 250

SUNIL KUMAR SINHA, RADHE SHYAM SHARMA
SHIV KUMAR @ MUNNA – Appellant
Versus
STATE OF C. G. – Respondent


Advocates:
Advocate Appeared:
Shri V.C. Ottalwar, Advocate, for the Appellant.
Shri Sudhir Bajpai, Deputy Government Advocate, for the State/respondent.

JUDGMENT

As per Hon'ble Shri Radhe Shyam Sharma, J. :-

1. This appeal is directed against judgment dated 31-3-1998 passed by Additional Sessions Judge, Janjgir, District Bilaspur in Sessions Trial No. 166/95. By the impugned judgment, accused/appellant Shiv Kumar @ Munna has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life.

2. Case of the prosecution, in brief, is as under:

Marriage of deceased Neera Bai was solemnized with the appellant 8-9 months prior to the incident. After marriage deceased was residing with the appellant. The deceased used to omit. The appellant suspected her chastity and some quarrel took place between the appellant and the deceased. Thereafter, the appellant got birds' killing poison from his friend Ashok Kumar (PW-3) and administered it on the deceased and also pressed her neck. The appellant took the jewellery of the deceased and sold it to one Jagsai (PW-12) and consumed liquor. Thereafter, the appellant took blessing by touching the feet of his father, Kapil Prasad (PW-1) and brother Shivshankar @ Bade Munna (PW-14) and narrated the incident to them and left a letter (Ex.-P/10) before his elder brother





















































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