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2022 Supreme(Chh) 475

SANJAY K. AGRAWAL, DEEPAK KUMAR TIWARI
Dev Lal Sonwani @ Dukhiram, S/o Dayali – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates Appeared:
For the Appellant : Mr. Dheerendra Pandey.
For the Respondent: Mr. Sudeep Verma.

JUDGMENT :

[Sanjay K. Agrawal, J.]

1. This criminal appeal preferred by the appellant under Section 374(2) of the CrPC is directed against the impugned judgment dated 8-1-2018 passed by the Additional Judge to the Court of Additional Sessions Judge, Mungeli, in Sessions Trial No.H- 41/2014, by which he has been convicted for offence under Section 302 of the IPC and sentenced to undergo imprisonment for life and pay a fine of Rs. 500/-, in default, to further undergo rigorous imprisonment for one year.

2. Case of the prosecution, in brief, is that on 28-5-2014, the present appellant and his father Dayali (now acquitted) in furtherance of their common intention, poured kerosene oil on the body of deceased Chande Das and set him on fire, who suffered grievous deep burn injuries and died in hospital on 3-6-2014, and thereby committed the offence. It is admitted position on record that the deceased was son-in-law of Dayali and brother-in-law of the appellant. Marriage of the deceased was solemnized at Village Rehunta in chudi form with Sunita – daughter of Dayali (acquitted accused) and sister of the appellant herein. At the relevant point of time, before the incident, the deceased & Suni

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