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2017 Supreme(Chh) 638

MANINDRA MOHAN SHRIVASTAVA, SANJAY AGRAWAL
Kurami Ganga S/o Kurami Misala – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri Vishwanath Goswami, Advocate
For the Respondent:Shri Arun Sao, Deputy Advocate General

JUDGMENT :

Manindra Mohan Shrivastava, J.

1. This appeal is directed against the impugned judgment of conviction and order of sentence dated 17.12.2012 passed by the learned Sessions Judge, South Bastar, Dantewada, in Sessions Trial No. 155 of 2010 by which the appellant has been held guilty for commission of an offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as 'the IPC') and sentenced to life imprisonment.

2. The prosecution story, as unfolded from the records of the case, FIR and the charge sheet and also the impugned judgment is that on 14.03.2010, at about 9-10 pm, the appellant, his wife-Kurami Hidme (the deceased) and many other villagers met in the house of one Smt. Kurami Hurrey (PW-3) and all of them consumed Tadi (locally made intoxicant). After consumption of the liquor, the deceased did not proceed to her house and went to sleep in the house of Smt. Kurami Hurrey (PW-3) only which annoyed the appellant. When the deceased did not proceed to her house, the appellant gave her blow on the right temporal part of the head resulting in fatal injury and death.

3. Merg intimation (Exhibit P-5) was recorded at 9:40 pm on 15.03.2010 in Police St


















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