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2023 Supreme(Chh) 469

SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
Raju @ Harnarayan S/o Late Santu Yadav – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Dhiraj Kumar Wankhede, Advocate & Mr. Pranay Golcha, Advocate
For the Respondent: Mr. Neeraj Pradhan, Panel Lawyer

JUDGMENT :

Sanjay K. Agrawal, J

1. This criminal appeal under Section 374(2) of the CrPC preferred by the appellant-accused is directed against the impugned judgment of conviction and order of sentence dated 10.03.2014 passed by the learned Sessions Judge, Durg, District Durg, in Sessions Trial No.218/2013 by which appellant has been convicted for offence under Section 302 of the IPC and sentenced to undergo imprisonment for life and fine of ? 4000/-; in default of payment of fine additional rigorous imprisonment for four months.

2. Case of the prosecution, in short, is that on 30.06.2013 at about 11:00 pm at Rawanbhatha, Supela, Police Station Supela, District Durg, appellant poured kerosene oil on body of his sister-in-law – Jyoti Yadav and set her ablaze by which she suffered burn injury and on 06.07.2013 during treatment, she succumbed to death and thereby committed the offence.

3. Further case of the prosecution is that the deceased – Jyoti Yadav used to stay with her husband – Ratan Yadav (PW-3) and at the same place appellant herein along with her grand-mother – Sukhiya Bai used to stay. It is also the case of the prosecution that on the fateful day in the night at about 11:00 p

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