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2017 Supreme(Chh) 392

GOUTAM BHADURI
Prakash Kashyap – Appellant
Versus
State Of Chhattisgarh – Respondent


Advocates Appeared:
For the Applicant :Shri M.K. Bhaduri, Advocate.
For the State :Shri S.R.J. Jaiswal, PL., Shri Santosh Bharat, Advocate.

ORDER :

1. Challenge in this revision is to the order dated 3/12/2005 passed by the Additional Sessions Judge (F.T.C.) Kabirdham (Kawardha) in Criminal Appeal No.12/2005 wherein quantum of sentence was interfered by the appellate court. Present revision is by the complainant.

2. Perusal of the order of the JMFC dated 27/08/2005 would show that Sukhlal (A-1) accused was convicted under Section 148 IPC and was sentenced to 6 months RI and further under Section 326 IPC sentenced to 3 years RI and fine of Rs.5000/- and under section 25 of the Arms Act he was sentenced to 1 year SI and fine of Rs.500/- was imposed whereas in respect of Ajit (A-2), Vijay (A-3) and Tularam (A-5) they were convicted under section 147 IPC and were sentenced to 6-6 months SI and under section 326 read with 149 of IPC they were sentenced to 3-3 years RI and fine of Rs.1000 – 1000. It was further observed that in case fine of Rs.5000/- is not paid by Sukhlal further he shall suffer sentence of 3 months SI and in lieu of default of payment of Rs.500/-, 1 month SI was ordered whereas for rest of the accused it was observed that in absence of payment of fine of Rs.1000 – 1000 each under section 326 and 149 IPC, to











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