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2021 Supreme(Chh) 125

MANINDRA MOHAN SHRIVASTAVA, VIMLA SINGH KAPOOR
Tillu @ Shiv Kumar Nishad S/o Buddhu Ram Nishad – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Shri Dhirendra Pandey, Shri R.V. Rajwade.
For the Respondent: Shri Lalit Jangde.

JUDGMENT :

MANINDRA MOHAN SHRIVASTAVA, J.

1. In this appeal, Shri Dheerendra Pandey, Advocate appears under instructions from Shri Deepak Jain, counsel for the appellant as also Shri R.V. Jajwade, Advocate who was requested to assist the Court yesterday when there was no appearance on behalf of the appellant.

2. This appeal is directed against the judgment of conviction and order of sentence dated 22nd October 2011 passed by learned Third Additional Sessions Judge, Bilaspur (CG) whereby and whereunder the appellant has been held guilty of commission of offence punishable under Section 302 read with Section 34 IPC and sentenced to undergo life imprisonment with fine of Rs. 100/- and in default of payment of fine, additional RI for 1 month.

3. The prosecution story, as unfolded from the records of the case is that the dead body of deceased Dr. Gopal Vishwas was found by the side of Arpa River in village-Thakurdeva, which led to initiation of proceedings of inquest by the police after giving notices to the witnesses. The dead body was sent for postmortem and postmortem was conducted and a report in that regard was prepared by Dr. A.K. Sanyal (PW-4). Upon examination of the deceased, which

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