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2023 Supreme(Chh) 338

SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
Vimla Bai W/o Khemraj Shyamkunwar – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Manoj Mishra.
For the Respondent: Sameer Uraon.

JUDGMENT :

SANJAY K. AGRAWAL, J.

1. This criminal appeal under Section 374(2) of Cr.P.C. has been preferred by the appellant herein against the impugned judgment dated 28/09/2013 passed by learned 3rd Additional Sessions Judge, Durg in Sessions Trial No. 254/2011 whereby he has been convicted for offence punishable under Section 302 of IPC and he has been sentenced to undergo life imprisonment with fine of Rs. 500/- and in default of payment of fine, additional R.I. for 1 month.

2. Case of the prosecution, in brief, is that in the intervening night of 29-30/07/2011 near Teen-Darshan Temple, Boudh-Vihar, Camp-1, Bhilai, the appellant herein poured kerosene oil over her husband Khemraj Shyamkunwar and set him ablaze and caused his death thereby, committed the aforesaid offence.

3. Further case of the prosecution is that appellant and deceased had entered into a love marriage on account of which family members of the deceased were not happy and they did not even participate in their wedding. On the night of the incident, deceased came home after consuming liqour on account of which some dispute arose between the appellant and his younger brother Dinesh Kumar Shyamkunwar (PW-5) and thereaf

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