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2020 Supreme(Chh) 100

PRASHANT KUMAR MISHRA, GAUTAM CHOURDIYA
DEVNATH NETAM – Appellant
Versus
STATE OF CHHATTISGARH – Respondent


Advocates Appeared:
Usha Chandrakar, Advocate, Chitendra Singh, Advocate

JUDGMENT

Prashant Kumar Mishra, J. - By the instant appeal, the appellant has assailed the impugned judgment of conviction and order of sentence rendered by the Second Additional Sessions Judge, Mahasamund, in ST No.397/2005 for committing offence under Section 302 of the Indian Penal Code (for short 'the IPC') for committing murder of Narhar Netam (since deceased) and under Section 302 read with Section 34 of the IPC for committing murder of Jageshwar (father of deceased Narhar Netam) (since deceased) and, thus, the appellant has been convicted for committing two murders and has been sentenced to undergo imprisonment for life (twice) and to pay a fine of pay of Rs.2,000/- for each of the offence, in default of payment to fine to further undergo additional RI for two months (twice). The substantive jail sentences have been directed to run concurrently.

2. The prosecution case, in brief, is that PW-1 Fagani Bai, wife of deceased Narhar Netam and daughter-in-law of deceased Jageshwar, lodged merg intimation (Ex.P/1) on 11.05 am on 9-8-2005 informing the police that at about 10.00 am she had gone to the agricultural fields along with her husband and father-in-law for sowing of crop. Ac

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