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2023 Supreme(Chh) 315

SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
Durga Prasad @ Santosh Harijan, Son of Late Shri Chhotelal Harijan – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Awadh Tripathi, Advocate
For the Respondent: Mr. Ashish Tiwari, Mr. Afroz Khan, Panel Lawyer

JUDGMENT :

Sanjay K. Agrawal, J

(1) This criminal appeal preferred by the appellant-accused under Section 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 24.08.2015, passed by the Additional Sessions Judge, Baikunthpur, District Koriya in Sessions Case No.59 of 2014, whereby he has been convicted for offences: under Section 363 of IPC and sentenced to undergo 07 years’ rigorous imprisonment with fine of Rs.2,000/- and, in default of payment of fine, to further undergo additional rigorous imprisonment for 03 months; under Section 364 of IPC and sentenced to undergo life imprisonment with fine of Rs.2,000/- and, in default of payment of fine, to further undergo additional rigorous imprisonment for 03 months and also under Section 365 of IPC and sentenced to undergo 07 years’ rigorous imprisonment with fine of Rs.2,000/- and, in default of payment of fine, to further undergo additional rigorous imprisonment for 03 months (all the sentences are directed to run concurrently).

(2) The case of the prosecution, in short, is that on 27.02.2014, at about 02:00 PM in the afternoon, in the backyard of the house of the complainant- Kumbhkaran (

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