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2022 Supreme(Chh) 252

SANJAY K.AGRAWAL, SANJAY S.AGRAWAL
Suraj Mahile, S/o Late Shayamlal Mahile (In Custody) – Appellant
Versus
State of Chhattisgarh, Through Aarkshi Kendra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Santosh Bharat, Advocate.
For the Respondent: Mr. Soumya Rai, Panel Lawyer.

JUDGMENT :

Sanjay K. Agrawal, J.

1. The appellant herein has preferred this criminal appeal under Section 374(2) of the CrPC calling in question legality, validity and correctness of the impugned judgment of conviction recorded and sentence awarded by the learned Additional Sessions Judge by which the appellant has been convicted for offences under Sections 450, 302 & 397 of the IPC and sentenced to undergo rigorous imprisonment for ten years and pay fine of Rs.5,000/-, in default, to further undergo rigorous imprisonment for two months; imprisonment for life and pay fine of Rs.5,000/-, in default, to further undergo rigorous imprisonment for two months; and rigorous imprisonment for seven years, respectively.

2. Case of the prosecution, in brief, is that in the intervening night of 3rd & 4th September, 2011 at Village Boirdih, Indira Awas, Bhatapara, the appellant herein trespassed the house of his bua (father’s sister) Budhwantin Bai and caused her death and thereafter, robbed four gold ear rings and four silver bangles. The matter was reported on 4-9-2011 at 10.30 a.m. by Jailal Khare, S/o Rikhiram, on the basis of which an unnumbered nalishi was registered vide Ex.P-4 and unnumber

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