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2017 Supreme(Chh) 677

PRITINKER DIWAKER, RAJENDRA CHANDRA SINGH SAMANT
AMIT RAI @ PALTU – Appellant
Versus
STATE OF CHHATTISGARH – Respondent


Advocate Appeared:
For the Appellant :Shri Vimlesh Bajpai, Shri Y.C. Sharma and Shri P.C. Pant, Advocates
For the Respondent: Shri Ravindra Agrawal, Shri P.K.C. Tiwari, Sr. Counsel assisted by Shri P.K. Tulsyan, Adv.

JUDGMENT

Pritinker Diwaker, J.

Since the above four criminal appeals and acquittal appeal arise out of the common judgment passed by Second Additional Sessions Judge, Bastar at Jagdalpur in Sessions Trial No.343/04, the same are being disposed of by this common judgment.

2. Appellants in Criminal Appeal Nos.406/07, 408/07, 580/07 & 460/08 have challenged their conviction under Sections 302/149, 147 and 148 of Indian Penal Code (for short 'IPC') and section 27 of the Arms Act being sentenced with life imprisonment along with fine of Rs. 1000/-, R.I. for two years along with fine of Rs. 500/-, R.I. for three years along with fine of Rs. 500/- and R.I. for three years along with fine of Rs. 500/- respectively with default stipulations. The acquittal appeal is filed to challenge the acquittal of respondents Sakleshwar Pandey and Chintu Goyal @ Nishant Goyal.

3. The case of prosecution is this, that deceased Nirmal Baghel had some previous animosity with the appellants and the acquitted accused persons on account of some previous quarrel between them. On 24.08.04 at about 10:30 p.m. in the night deceased Nirmal Baghel along with his friend Anil Rao PW-6 was standing in the street and smokin















































































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