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2022 Supreme(Chh) 423

SANJAY K. AGRAWAL, RAKESH MOHAN PANDEY
Brizlal Vaisnav S/o Dwarika Prasad Vaisnav – Appellant
Versus
State of Chhattisgarh through Police Station Sipat – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Dheerendhra Pandey, Advocate
For the Respondent: Mr. Sudeep Verma, Dy. G.A. and Mr. Arijit Tiwari, P.L.

JUDGMENT :

Sanjay K. Agrawal, J.

1. This criminal appeal under Section 374(2) of CrPC has been preferred by the appellant against the impugned judgment dated 30/10/2010 passed by learned 3rd Additional Sessions Judge Bilaspur in Sessions Trial No. 77/2010 whereby the appellant has been convicted and sentenced as under :-

Conviction

Sentence

U/s 302 of IPC

Life imprisonment with fine of Rs. 100/-, in default of payment of fine, additional R.I. for 1 month.

U/s 397 of IPC

R.I. for 7 years with fine of Rs. 100/-, in default of payment of fine, additional R.I. for 1 month.

U/s 201 of IPC

R.I. for 3 years with fine of Rs. 100/-, in default of payment of fine, additional R.I. for 1 month.

2. Case of the prosecution, in brief, is that on 12/01/2010 at about 09:30 PM at village Machkhanda, P.S. Seepat, Distt. Bilaspur, the appellant herein, with the intention of causing death of one Chhatlal and stealing his mobile and motorcycle, strangulated him and caused his death and thereafter, in order to screen himself from the offence, he burnt the clothes of the

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