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2023 Supreme(Chh) 183

SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
Meelu Ram Nishad S/o Kaliram Nishad – Appellant
Versus
State Of Chhattisgarh, Through Police Station – Tumgaon – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri Deepak Jain, Advocate.
For the Respondent: Shri Neeraj Pradhan, P.L.

JUDGMENT :

Radhakishan Agrawal, J.

1. This criminal appeal preferred by the appellant-accused person under Section 374 (2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 16.01.2014 passed in Sessions Trial No.52/2012 by the Court of learned Sessions Judge, Mahasamund (C.G.) whereby the appellant has been convicted for offence punishable under Section 302 of the IPC and sentenced to undergo imprisonment for life and fine of Rs.1,000/-, in default of payment of fine, he shall suffer additional rigorous imprisonment for three months.

2. Case of the prosecution, in brief, is that elder brother of the appellant, namely, Satosh Pateva lodged a report in Police Chowki Patewa to the effect that on 07.04.2012 between 12:00 to 02:00 or in and around, wife of the appellant – Dropati Bai was found dead inside the house. It is alleged by the prosecution that on account of old quarrel between them, the appellant committed her murder by sharp edged weapon, i.e. Kattal (used for fish cutting/tabbal) and thereafter he ran away from the spot.

3. During investigation, inquest (Ex.P.2) over the dead body was conducted in presence of witnesses. Spot map (Ex.P

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