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2022 Supreme(Chh) 340

SANJAY K.AGRAWAL, SANJAY S.AGRAWAL
Onkar Sahu, S/o Itwari Ram Sahu – Appellant
Versus
State of Chhattisgarh, through District Magistrate, District Durg (C. G. ) – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. M.P.S. Bhatia, Advocate.
For the Respondent/State:Mr. Ashish Tiwari, Govt. Advocate and Mr. Sudeep Verma, Deputy Govt. Advocate.

JUDGMENT :

Sanjay K. Agrawal, J.

1. This criminal appeal preferred by the accused/appellant under Section 374(2) of the CrPC is directed against the impugned judgment of conviction recorded and sentence awarded by the learned Sessions Judge by which the appellant has been convicted for offence under Section 302 of the IPC and sentenced to undergo imprisonment for life and pay a fine of Rs. 500/-, in default, to further undergo simple imprisonment for two months.

2. It is admitted position on record that marriage of the appellant was solemnized with deceased Kamini Sahu in the year 2003 and they were blessed with two daughters Ku. Benika Sahu (PW-2) & Ku. Khushi. On 26-3-2011, between 8 and 9 p.m., deceased Kamini Sahu suffered superficial to deep burn injuries and at that time, Ku. Benika Sahu (PW-2) & Ku. Khushi both were present and the appellant had taken his wife/deceased to Durg hospital and got her admitted over there and on the next day, she was referred to Medical College Hospital, Raipur, but she was hospitalized at Sector-9 Hospital, Bhilai on 27-3-2011 and she was got discharged from Sector-9 Hospital on 25-4-2011 and thereafter, she died on 25-5-2011 at 6.30 p.m. Further c

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