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2017 Supreme(Chh) 281

PRASHANT KUMAR MISHRA
Tikam @ Tilak @ Ajay @ Raju S/o Devdas Vaishnav – Appellant
Versus
State of Chhattisgarh, Through Police Station Gaindatola, Tahsil and District Rajnandgaon (CG) – Respondent


Advocates Appeared:
For the Petitioners:Mr. Ratnesh Kumar Agarwal and Mr. Sanjeev Sahu, Advocates.
For the Respondent:Mr. Shashank Thakur, Govt. Advocate.

ORDER :

1. Heard.

2. The appellants in these appeals have been convicted under Sections 328 & 380 of IPC and sentenced to undergo RI for 5 years and fine of Rs.1000/-, in default of payment of fine to undergo additional RI for 6 months and RI for 3 years and fine of Rs.1000/-, in default of payment of fine to undergo additional RI for 6 months each, with a further direction to run both the sentences concurrently.

3. The appellants are stated to be husband and wife. On the date of the incident, they had visited the house of Banas Bai, who happens to be the friend of appellant Sukhiya Bai. On the pretext of preparing meals, appellant Sukhiya Baui mixed tablet tranax alprazolam in the green vegetables cooked in the meals, as a result of which, Banas Bai, Durga Prasad, Chetan, Mithilesh and Nooran Bai went in sound sleep making it comfortable for the appellants to commit theft of cash of Rs.10,000/-, two mobile phones and other golden & silver ornaments, total value at Rs. 40-50,000/- (approx.). During the investigation, the ornaments and cash of Rs.1000/- has been recovered from the possession of the appellants, which have been duly identified by PW-3 Banas Bai. Similarly, Tranax tablet









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