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2022 Supreme(Chh) 384

SANJAY K. AGRAWAL, DEEPAK KUMAR TIWARI
Kamleshwar Painkra S/o Shri Kripashankar Painkra – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. R.S. Marhas, Advocate
For the Respondent: Ms. Ruchi Nagar, Dy. G.A.

JUDGMENT :

Sanjay K. Agrawal, J.

1. Since both of these criminal appeals have arisen out of impugned judgment dated 27/05/2016 passed by learned Additional Sessions Judge Pratappur, Distt. Surajpur in Sessions Trial No. 27/2015, therefore, they have been clubbed together, heard together and are being decided by this common judgment.

2. The six appellants in Criminal Appeal No. 827/2016 namely Kamleshwar Painkra (A-1), Kripashankar Painkra (A-2), Jagendra Kumar (A-3), Shivlal Gond (A-4), Baldev (A-7) and Dhanushdhari (A-8) as well as the two appellants in Criminal Appeal No. 1133/2016 namely Shyam Painkra (A35) and Ramkumar Painkra (A-6); all have preferred these appeals under Section 374(2) of CrPC calling in question the validity, legality and correctness of the judgment impugned whereby each one of them have been convicted and sentenced as under :-

Conviction

Sentence

U/s 148 of IPC

1 year R.I. with fine of Rs.500/- in default of payment of fine, additional R.I. for 6 months.

U/s 353 of IPC

6 months R.I. with fine of Rs. 1000/- in default of payment of

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