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2022 Supreme(Chh) 149

SANJAY K.AGRAWAL, RAJANI DUBEY
In reference of State of Chhattisgarh, Through Station House Officer – Appellant
Versus
Dolalal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Sunil Otwani, Additional Advocate General and Mr. Sudeep Verma, Deputy Govt. Advocate.
For the Respondent:Mr. D.K. Gwalre, Advocate.

JUDGMENT :

Sanjay K. Agrawal, J.

1. The appellant herein namely Dolalal has been awarded with death sentence by the learned Additional Sessions Judge, Saraipali, Distt. Mahasamund in Sessions Trial No.27/2017 vide judgment dated 26-6-2018 after having found him guilty for offence punishable under Section 302 of the IPC on two counts and also sentenced to fine of Rs.500/-, in absence of failure to pay the amount of fine to further undergo rigorous imprisonment for two months. He was sentenced to death by hanging under sub-section (5) of Section 354 of the CrPC. Conviction and sentences imposed upon the appellant are as follows:-

Conviction

Sentence

Sec. 302 of the IPC (two counts)

Death sentence and fine of Rs.500/-, In default, RI for two months.

2. The learned Additional Sessions Judge in exercise of power conferred under Section 366 of the CrPC after passing the sentence of death submitted the proceedings to this Court for its confirmation and this is how this death reference is before us for consideration along with the appeal preferred by the accused/appellant

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