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2022 Supreme(Chh) 363

SANJAY K.AGRAWAL, SACHIN SINGH RAJPUT
Hemshankar Sahu S/o Late Jhangalu Ram Sahu – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Maneesh Sharma.
For the Respondents: Sudeep Verma, Afroz Khan.

JUDGMENT :

SANJAY K. AGRAWAL, J.

1. This criminal appeal filed by the appellant herein under Section 374(2) of the Cr.P.C. is directed against the judgment of conviction and order of sentence dated 24.2.2015 passed by the Sessions Judge, Dhamtari, in Sessions Trial No. 30/2014, by which the appellant has been convicted for offence under Sections 302 and 316 of the IPC and sentenced to undergo imprisonment for life and further sentenced to fine of Rs. 50/- in default of payment of fine, to further undergo R.I. for one month under Section 302 of the IPC and R.I. for ten years and further sentenced to fine of Rs. 50/- in default of payment of fine to further undergo R.I. for one month under Section 316 of the IPC.

2. Case of the prosecution, in brief, is that on 25.8.2014 at about 7 a.m. at village Charota, P.S. Bhakhara, District Dhamtari, the appellant strangulated his wife Smt.Manju Sahu and committed murder of her and since she was carrying pregnancy of 06 months on the date of commission of offence, the appellant was also chargesheeted for offence under Section 316 of the IPC. It is further case of the prosecution that on 25.8.2014 at about 10.30 a.m. Kumbhkaran Sahu (PW-1) informed

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