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SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
Rajendra Prasad Xalxo S/o Chamru Ram Xalxo – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
SANJAY K. AGRAWAL, J.
1. This criminal appeal preferred by Rajendra Prasad Xalxo (A-1) & Chamru Ram (A-2) under Section 374(2) of the Cr.P.C. is directed against the impugned judgment passed by the learned Additional Sessions Judge by which they have been convicted for offence under Section 302 of the IPC and sentenced to undergo imprisonment for life and pay fine of Rs. 500/- each, in default, to further undergo additional rigorous imprisonment for two months.
2. Case of the prosecution, in a nutshell, is that on 23-7-2012, the present appellants along with two acquitted accused persons, in furtherance of their common intention, assaulted Radheyshyam by lathi by which he suffered grievous injuries and died. Further case of the prosecution is that complainant Kishore Ram (PW-3) has given his motorcycle for repair to deceased Radheyshyam Mistri, which accused Rajendra Prasad Xalxo (A-1) has allegedly brought from his repair shop and sold at Village Rajpur on which Kishore Ram (PW-3) & deceased Radheyshyam Mistri enquired from A-1 by visiting his house as to why his motorcycle has been sold by him, then, it is also the case of the prosecution that A-1 behaved irresponsibly an
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Conviction for mass murder under 302/149 IPC set aside due to unreliable, contradictory ocular evidence from related witnesses; doubtful night identification, improbable presence/story; benefit of do....
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