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2022 Supreme(Chh) 387

SANJAY K. AGRAWAL, DEEPAK KUMAR TIWARI
Kishor @ Kishan, S/o Dukhitram Barbhe – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Uttam Pandey, Mr. Hemant Gupta, Mr. Sumit Singh, Mr. Satya Prakash Verma, Advocate.
For the Respondent:Ms. Ruchi Nagar, Deputy Govt. Advocate.

JUDGMENT :

Sanjay K. Agrawal, J.

1. Since all the five criminal appeals have arisen out of one and same impugned judgment dated 1-9-2012 passed by the 2nd Additional Sessions Judge, Baloda Bazaar in Sessions Trial No.49/2012 and since common question of fact and law is involved in all the five appeals, they have been clubbed together, heard together and are being disposed of by this common judgment.

2. These five criminal appeals have been preferred by the accused/appellants (A-1 to A-5) under Section 374(2) of the CrPC against the impugned judgment convicting them for the offence punishable under Section 302 read with Section 120B of the IPC and sentencing them to undergo imprisonment for life with fine of Rs.1,000/- each, in default, to further undergo imprisonment for six months. Appellants Kishore @ Kishan & Indrapal @ Bhakhlu have also been convicted for offences punishable under Sections 25(1B)(b) & 27(1) of the Arms Act and sentenced to undergo imprisonment for two years with fine of Rs. 200/- each, in default to further undergo imprisonment for six months and to undergo imprisonment for five years with fine of Rs. 500/- each, in default, to further undergo imprisonment for six

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