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SANJAY K. AGRAWAL, RAJANI DUBEY
Ram Prasad Yadav, S/o. Nanduram Yadav – Appellant
Versus
State of Chhattisgarh through P. S. Katghora, (Civil and Revenue) Korba, Chhattisgarh – Respondent
JUDGMENT :
Sanjay K. Agrawal, J.
1. Since both of these criminal appeals have arisen out of common impugned judgment dated 17/10/2014, therefore, they have been heard together and are being decided by this common judgment.
2. The two appellants namely Ram Prasad Yadav and Santosh Yadav have preferred these two criminal appeals under Section 374(2) of CrPC questioning the impugned judgment dated 17/10/2014 passed by learned Additional Session Judge, Katghora in Sessions Trial No 21/2014 by which they have been convicted for offence punishable under Section 302 read with Section 34 of IPC as well as Section 201 read with Section 34 of IPC and sentenced to life imprisonment along with a fine of Rs.1,000/- in default of payment of fine, further R.I. for six months and imprisonment for three years and fine of Rs.500/- in default of payment of fine, further R.I. for three months, respectively.
3. The case of the prosecution, in brief, is that on the intervening night of 12/11/2013 and 13/11/2013 (in between 10 PM to 7 AM) at village Gangapur, the two appellants herein namely Ram Prasad Yadav and Santosh Yadav, in furtherance of their common intention, assaulted one Mohpal Yadav (hereinafter
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Point of Law : Conviction set aside - Prosecution has failed to prove the charge brought against the accused persons beyond reasonable.
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