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2022 Supreme(Chh) 296

SANJAY K.AGRAWAL, SANJAY S.AGRAWAL
Devendra Kumar Sahu S/o Murari Lal sahu – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Siddharth Pandey, Advocate
For the Respondent: Mr. Sunil Otwani, Addl. A.G. and Mr. Anmol Sharma, P.L.

JUDGMENT :

Sanjay K. Agrawal, J.

1. This criminal appeal under Section 374(2) of CrPC is directed against the impugned judgment of conviction and order of sentence dated 07/08/2013 passed in Sessions Trial No.175/2011 whereby learned 3rd Additional Session Judge, Bilaspur has though acquitted the coaccused persons namely Murarilal Sahu, Yogesh Kumar Sahu and Narmadabai Sahu from charges punishable under Sections 302/34 and 304(B)/34 of IPC but has convicted the appellant herein for offence punishable under Section 302 of IPC and sentenced him to life imprisonment and fine of Rs.1,000/and in default of payment of fine further R.I. for three months.

2. The case of the prosecution, in brief, is that on 25/08/2011 at about 9:30 PM at village Khargahni, Distt. Bilaspur, the appellant herein along with three coaccused persons in furtherance of their common intention murdered Sarojini Sahu with an axe on the pretext of dowry and thereby, committed the offence.

3. Further case of the prosecution, in brief, is that complainant Yogesh Sahu (husband of the deceased) lodged a report at Police Station Kota that he works as a 'chowkidar' at Forest Department and on 25/08/2011 at about 08:00 AM, he h

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