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2015 Supreme(Chh) 239

PRITINKER DIWAKER, INDER SINGH UBOWEJA
Laxmi Prasad – Appellant
Versus
State of C. G. – Respondent


Advocates Appeared:
For the Appellant :N.K. Malviya, Advocate.
For the Respondent: Ajit Singh, Panel Lawyer.

JUDGMENT :

Pritinker Diwaker, J.

1. This appeal arises out of the judgment of conviction and order of sentence dated 13.5.2010 passed by the II Additional Sessions Judge (FTC), Mungeli, Distt. Bilaspur in S.T. No. 48/08 convicting the accused/appellant under Sections 302 of IPC on three counts for committing murder of Bajharinbai, Rajkumar @ Raju & Kantibai and Section 404 of IPC for dishonestly misappropriating the ornaments worn by deceased Bajharinbai at the time of her death and sentencing him to undergo imprisonment for life, to pay a fine of Rs. 2,000/- on three counts u/s. 302 of IPC and R.I. for one year, to pay a fine of Rs. 500/- u/s. 404 of IPC with default stipulations. In the present case, deceased Bajharinbai was the second wife of Dharmu and was residing at Village-Hardi along with her grand-son Rajkumar @ Raju, aged about 10 years, and grand-daughter Kantibai, aged about 5 years. The accused/appellant is grand-son of Dharmu from his first wife (step-grandson of Bajharinbai). As per prosecution case, the accused/appellant came to Village-Hardi and was residing with Bajharinbai since about a week prior to the incident. In the intervening night of 6th & 7th August, 2008












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