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2023 Supreme(Chh) 16

SANJAY K. AGRAWAL, RAKESH MOHAN PANDEY
Ranasram Rathiya, S/o. Jangiram Rathiya – Appellant
Versus
State of Chhattisgarh, through Police Station Dharamjaigarh, District Raigarh (C. G. ) – Respondent


Advocates Appeared:
For the Appellant : Mr. Ashish Gupta, Mr. Anand Kumar Kesharwani.
For the Respondent: Mr. Sudeep Verma.

JUDGMENT :

[Sanjay K. Agrawal, J.]

1. The appellant herein has preferred this appeal under Section 374(2) of the CrPC calling in question legality, validity and correctness of the impugned judgment of conviction and order of sentence dated 1-8-2013 passed by the Additional Sessions Judge (Fast Track Court), Raigarh in Sessions Trial No.131/2012, by which the appellant herein has been convicted under Sections 302 & 201 of the IPC and sentenced to undergo imprisonment for life & pay a fine of Rs.3,000/-, in default of payment of fine to further undergo additional rigorous imprisonment for one year and rigorous imprisonment for four years & pay a fine of Rs.1,000/-, in default of payment of fine to further undergo additional rigorous imprisonment for six months, respectively.

2. Case of the prosecution, in short, is that on 29-5-2012 at 08.00 a.m., in Village Senaaama Jungle, Police Station Dharamjaigarh, the appellant assaulted Bhanwar Singh Rathiya, aged 85 years, on his neck and his wife Ramkunwar Bai, aged 70 years, on her back and also strangulated them and further, in order to screen himself from the aforesaid offence, buried both the dead bodies therein and thereby committed the

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