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2017 Supreme(Chh) 212

PRITINKER DIWAKER, ARVIND SINGH CHANDEL
Pancham Dhobi – Appellant
Versus
State of Chhattisgarh Through P. S. Manendragarh, District Koria – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Shri Anil Gulati, Shri Ashok Kumar Shukla
For the Respondent: Shri Vaibhav Goverdhan

JUDGMENT :

Pritinker Diwaker, J.

As these two appeals arise out of common judgment of conviction and order of sentence dated 24.06.2011 passed by 2nd Additional Sessions Judge, Manendragarh, District Koria, in Sessions Trial No. 113/2010 convicting the accused/appellants under Section 302/34 of IPC and sentencing them to undergo imprisonment for life and to pay fine of Rs.1000/- each, in default of payment of fine amount to further undergo R.I. for three months, they are being disposed by this common judgment.

2. In the present case name of the deceased is Naresh Kumar, 8 years old, 5th son of accused/appellant Pancham in Cr.A.No.579/2011 (hereinafter referred to as A-1) from his first wife Lalti Bai. Accused/appellant Tara Bai in Cr.A.No.642/2011 (hereinafter referred to as A-2) is second wife of A-1.

3. As per the prosecution case, A-1 and his first wife Lalti Bai had six issues. A-1 had also performed second marriage with A-2. A-1, his first wife Lalti Bai and A-2 were living in a same house where A-1 used to sleep with A-2 in a separate room. On 23.07.2010, appellants (A-1 and A-2) slept together along with the deceased after bolting the door from inside. Next morning when A- 1, A-









































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