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2016 Supreme(Chh) 339

PRITINKER DIWAKER, CHANDRA BHUSHAN BAJPAI
Manharan – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Shri Arun Kochar
For the Respondent: Shri Adhiraj Surana

JUDGMENT :

Pritinker Diwaker, J.

This appeal arises out of judgment of conviction and order of sentence dated 14.01.2002 passed by Second Additional Sessions Judge. Raipur In Session Case No.426/2001, convicting the appellants under Sections 302/34 and 201/34 of the Indian Penal Code and sentencing them to undergo imprisonment for life and to pay fine of Rs.3000/-, in default of payment of fine, to further undergo RI for one year, and to undergo RI for three years and to pay fine of Rs. 1000/-, in default of payment of fine, to further undergo rigorous imprisonment for six months, respectively, with a direction to run the sentences concurrently.

2. In the present case, name of the deceased is Atmaram. As per the prosecution case, on 10.09.2001 at about 2.00 a.m. missing report (Ex.-P/1 C) was lodged by Chowaram Dewangan (PW-3), cousin brother of the deceased, alleging therein that Atmaram is missing since 06.30 p.m. This missing report was entered into rojnamcha sanha. On 11.09.2001, memorandum (Ex.-P/3) of appellant No.1 Manharan was recorded at 09.30 a.m. wherein he has stated that on account of previous dispute regarding cutting of fallen tree he and co-accused Radhelal have', kill

































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