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2020 Supreme(Chh) 67

SANJAY K.AGRAWAL
JAIPRAKASH GUPTA @ PREM RAGHUNI – Appellant
Versus
STATE OF CHHATTISGARH – Respondent


Advocates Appeared:
N. Naha Roy, Advocate, H.S. Ahluwalia, Advocate

JUDGMENT

Sanjay K. Agrawal, J. - In compliance of the order passed and direction issued by the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) No.9703/2019 (Pankaj Kumar Sharma v. State of Chhattisgarh) on 16-12-2019, the matter has been placed for consideration and with the consent of parties, the matter is heard finally.

2. The petitioner herein who is an accused standing trial for commission of offences punishable under Sections 302, 302 read with Section 34, 120B, 201 of the IPC and Sections 25 and 27 of the Arms Act, 1925, takes exception to the impugned order dated 31-7-2017 passed by the learned Sessions Judge, Raipur in Sessions Trial No.197/2012 by which the application filed by the respondent / prosecution for taking secondary evidence has been allowed and the prosecution has been permitted to adduce secondary evidence of the receipt given by Lalaram Banjare - one of the co-accused, to deceased Dilip Adwani, on the following factual background: -

3. It is the case of the prosecution that on 14-5- 2012, Dilip Advani was assassinated by the petitioner along with other co-accused persons, as Dilip Advani and witness Rakesh Lakhwani advanced Rs. 1,75,00,000/- to Lalara

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