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2022 Supreme(Chh) 414

SANJAY K. AGRAWAL, RAKESH MOHAN PANDEY
Bablu @ Babbu @ Chhotu Tiwari, S/o Chhabilal Tiwari – Appellant
Versus
State of Chhattisgarh, Through Station House Officer – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. B.P. Singh, Advocate.
For the Respondent:Mr. Sudeep Verma, Deputy Govt. Advocate.

JUDGMENT :

Sanjay K. Agrawal, J.

1. This appeal under Section 374(2) of the CrPC is directed against the impugned judgment by which the appellant herein has been convicted for offences under Sections 450, 392 read with Section 397 & 302 of the IPC and sentenced to undergo rigorous imprisonment for ten years and pay fine of Rs.100/-, in default, to further undergo rigorous imprisonment for three months; rigorous imprisonment for ten years and fine of Rs.100/-, in default, to further undergo rigorous imprisonment for three months; and imprisonment for life and fine of Rs.100/-, in default, to further undergo rigorous imprisonment for three months, respectively.

2. Case of the prosecution, in brief, is that on 14-9-2011 between 10.00 a.m. and 05.00 p.m., at Village Khapri, the appellant herein unauthorizedly trespassed the house of deceased Phulwabai and robbed golden ornaments & Rs.6,000/- in cash and strangulated her by a cloth (dupatta) and thereby committed the aforesaid offences. Further case of the prosecution is that on being informed by Kushal Ram (PW-1), morgue intimation was registered and thereafter, shav panchnama was conducted vide Ex.P-23 and on the recommendation of pancha

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