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2023 Supreme(Chh) 249

SANJAY KUMAR JAISWAL
Amal Vishvas S/o Amulya Vishvas – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. D.K. Gwalre, Advocate
For the Respondent:Mr. Devesh Verma, Govt. Advocate

JUDGMENT:

1. The present appeal arises out of the impugned judgment of conviction and order of sentence dated 16.09.2004 passed by Additional Sessions Judge (FTC), Ramanujganj, Sarguja (C.G.) in Sessions Trial No.398 of 2003 whereby, the learned Additional Sessions Judge convicted the appellants and sentenced them as under :-

Conviction

Sentence

Under Section 450 of Indian Penal Code, 1860

R.I. for 5 years and fine of Rs.3,000/-, in default of payment of fine amount, additional R.I. for 1 year.

Under Section 376(2)(g) of Indian Penal Code, 1860

R.I. for 10 years and fine of Rs.5,000/-, in default of payment of fine amount, additional R.I. for 1 year.

Both the sentences were directed to run concurrently.

2. The prosecution story, in brief, is that, on the date of incident i.e. 05.04.2003, at about 7:00 AM, prosecutrix (PW-1) was residing at village Santoshi Nagar. She was alone at her house and was making food. At that relevant time, appellants entered into the house of prosecutrix, asked for matchbox and enquired about her husband's wher

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