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2014 Supreme(Chh) 175

SUNIL KUMAR SINHA, INDER SINGH UBOWEJA
T. Tejasvani – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared
Mr. Surendra Singh, Sr. Advocate with Ms. Madhu Nisha Singh, Advocate for the appellant in Cr.A. No. 422/2012.
Mr. P.K. Verma, Sr. Advocate with Mr. Sumit Verma, Advocate for the appellant in Cr.A. No. 470/2012.
Mr. A.S. Kachhawaha, Dy. Advocate General for the State.

JUDGMENT

Sunil Kumar Sinha, J.

(1) These appeals are directed against the judgment dated 23rd of April, 2012 passed in Sessions Trial No. 49/2008 by the Sessions Judge, Korba, District Korba (C.G.). By the impugned judgment, the appellants have been convicted and sentenced in following manner, with a direction to run the sentences concurrently:-

Conviction Sentence

u/S 450 IPC R.I. for 5 years and fine of Rs.3000/- with default sentence of R.I. for 1 year

u/S 394 r/w 397 IPC R.I. for 7 years and fine of Rs.3000/- with default sentence of R.I. for 1 year

u/S 302 IPC Life imprisonment and fine of Rs.5,000/- with default sentence of R.I. for 1 year


(2) The facts, briefly stated, are as under:-

2.1 Keshav Prasad Gupta (PW-1) was a Sub-Engineer in Municipal Corporation, Korba. He was residing with his family in Qr. No. G/25, SADA Colony, Niharika, Korba. Deceased-Sadhana Gupta was wife of Keshav Prasad (PW-1). Rohit Gupta (PW-2) is son of Keshav Prasad (PW-1). On 17.1.2008, Keshav Prasad (PW-1), as usual, left his quarter at 9.30 a.m. Rohit Gupta (PW-2) had also left for school at 7.15 a.m. Keshav Prasad (PW-1) returned his quarter at 3.45 p.m. He found that the door of the quarter was clos


























































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