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2023 Supreme(Chh) 418

GOUTAM BHADURI, SANJAY KUMAR JAISWAL
Komal Chandravanshi, S/o. Ishwari Prasad Chandravanshi – Appellant
Versus
State of Chhattisgarh, Through Station House Officer, Police Station Pandariya, Chhattisgarh – Respondent


Advocates Appeared:
For the Appellants :Shri Rajeev Shrivastava, Sr. Adv. with Shri Malay Shrivastava, Shri Saurabh Sahu & Ms. Anu Mishra, Adv. for the appellants in CRA Nos.478 of 2021 & 480 of 2021; Shri Animesh Verma, Advocate for the appellant in CRA No.633 of 2021.
For the State : Shri Arjit Tiwari, Panel Lawyer.
For the Objector : Shri Basant Dewangan & Shri Krishna Tandon.

JUDGMENT :

(Goutam Bhaduri, J.)

1. All the appeals are being heard together, as the common thread passes through the issue.

2. The present appeals are arising out of judgment of conviction and order of sentence dated 23-3-2021 passed by the Special Judge {Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act}, Kabeerdham, in Atrocity Spl. Criminal Case No.99/2018 whereby the learned Court below convicted the appellants for offence under Section 302 read with Section 34 of the Indian Penal Code (IPC) and sentenced each of them to undergo imprisonment for life and to pay a fine of Rs.1,000/-, in default of payment of fine to further undergo RI for one month. However, acquitted the appellants from the charge under Section 3(2)(v) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) (Amendment) Act, 2015.

3. (i) The prosecution case, as emerging from the material on record, is that when on 3-10-2018 the deceased Lekhram was at his home, at about 10.30 pm he received 2-3 calls on his mobile. The deceased thereafter went out with a Jerry Can to bring diesel. H

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