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2021 Supreme(Chh) 375

ARVIND SINGH CHANDEL
Deepak Nag, S/o. Sadanand Nag – Appellant
Versus
State of Chhattisgarh Through Police Station Bacheli – Respondent


Advocates Appeared:
For the Appellant : Shri P.R. Patankar.
For the Respondent: Shri Ravish Verma, G.A. and Shri Rajendra Tripathi, P.L.

JUDGMENT :

1. This appeal has been preferred against the impugned judgment dated 16/01/2020 passed in S.T. No.16/2019 by the Sessions Judge, South Bastar, Dantewada, (C.G.) wherein appellant has been convicted and sentenced as under :

Conviction

Sentence

U/s 307 of the I.P.C.

R.I. for 10 years and fine of Rs.2,000/- with default stipulations.

2. Facts of the case, in brief, are that on 16.11.2018 at about 12:15 PM, complainant Manohar Chouksey (PW-2) had gone along with Arun Kumar Shridhar (PW-3) and Bula Shrinivas (PW-4) to Prakash Vidhyalaya, Bacheli, for inspection of a school. When they were doing inspection of the school, appellant assaulted Manohar Chouksey (PW- 2) from back side with the help of 'gaiti' due to which he sustained injury on his body. Then, Arun Kumar Shridhar (PW-3) and Bula Shrinivas (PW-4) caught hold the appellant. A written complaint was made by complainant Manohar Chouksey (PW-2) vide Ex.P-2 and on the basis of the said, F.I.R. was registered vide Ex.P-3. Statements of the witnesses were recorded under Section 161 of Cr.P.C. After completion o

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