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2023 Supreme(Chh) 9

SANJAY K. AGRAWAL, RAKESH MOHAN PANDEY
Rahul Das, S/o. Shri Gurbid Das – Appellant
Versus
State of Chhattisgarh, through Police Station Kotwali, Korba, Distt. Korba (C. G. ) – Respondent


Advocates Appeared:
For the Appellant: Mr. Dheerendra Pandey.
For the Respondent: Mr. Anmol Sharma.

JUDGMENT :

[Sanjay K. Agrawal, J.]

1. The appellant has preferred this appeal under Section 374(2) of the CrPC questioning legality, validity and correctness of the impugned judgment of conviction recorded and sentence awarded by the Additional Sessions Judge, Korba in Sessions Trial No.13/2013, by which the learned Additional Sessions Judge has convicted the appellant for offence under Section 302 of the IPC and sentenced him to undergo imprisonment for life and pay a fine of Rs. 3,000/-, in default of payment of fine to further undergo additional imprisonment for one year.

2. Case of the prosecution, in brief, is that on 8-12-2012 at 02.00 p.m., the appellant herein assaulted his father-in-law deceased Amar Singh Yadav by hand & fist by which Amar Singh Yadav suffered injuries on his stomach and died in hospital during the course of treatment pursuant to which report was lodged by the wife of the deceased namely, Smt. Parvati Bai on 11-12-2012 at Police Station Kotwali, Korba and first information report Ex.P-1 was registered. Thereafter, dead body was subjected to panchnama vide Ex.P-9 and on the recommendation of panchas, the dead body was subjected to postmortem which was conduc

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