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2023 Supreme(Chh) 287

RAMESH SINHA, RAJANI DUBEY
Pritam Kumar Paikra @ Pritam, S/o Shri Gopal Singh – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. Shailendra Dubey with Ms. Shivali Dubey, Mr. Rajeev Kumar Dubey, Ms. Monika Dey, Advocate
For the Respondent:Mr. Gagan Tiwari, Dy. Govt. Advocate.

JUDGMENT :

Per Rajani Dubey, J.

1. The appellants in these appeals under Section 374(2) of Code of Criminal Procedure (CrPC) have challenged the validity, legality and propriety of the judgment of conviction and order of sentence dated 23rd June, 2022 passed by First Additional Sessions Judge, Katghora, Distt. Korba in Sessions Trial No.35/2020 whereby the appellants stand convicted and sentenced as under:

Conviction

Sentence

Under Section 302/34 of Indian Penal Code.

Life imprisonment, pay a fine of Rs.5,000/- and in default thereof, to suffer additional RI for three months.

Under Section 354/34 of Indian Penal Code.

 

Rigorous imprisonment for five years, pay a fine of Rs.3,000/-, in default thereof to suffer additional RI for one month.

Both the sentences were directed to run concurrently.

2. Case of the prosecution, in brief, is that on 6.5.2020 at around 10.00 pm the appellants went to the house of Prakash Paikra in drunken condition and enquired from his wife Usha Painkra about him, on which she told that he (Prakash Paikra) has gone to the hous

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