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2023 Supreme(Chh) 558

SANJAY K. AGRAWAL, SANJAY AGRAWAL
Anita @ Rujhu, W/o Ajay Bhuiya – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Bhupendra Singh, Advocate.
For the Respondent:Mr. Ashish Tiwari, Govt. Advocate.

JUDGMENT :

Sanjay K. Agrawal, J.

1. Invoking the appellate jurisdiction of this Court under Section 374(2) of the CrPC, the sole appellant herein calls in question legality, validity and correctness of the impugned judgment of conviction recorded and sentence awarded by the learned Additional Judge by which she has been convicted for offences under Sections 147, 323 read with Section 149 & 302 of the IPC and sentenced to undergo rigorous imprisonment for two years, rigorous imprisonment for one year and imprisonment for life & pay fine of Rs. 500/-, in default of payment of fine to further undergo additional rigorous imprisonment for one month, respectively, with a direction to run all the sentences concurrently.

2. Case of the prosecution is that on 9-4-2014 at 7:00-8:00 a.m., at Village Beliya, Police Station Chalgali, the appellant herein along with four acquitted co-accused persons constituted unlawful assembly with common object and in furtherance of common object, the appellant herein squeezed/caught hold of the testicles of Rambasawan by which he suffered grievous injury and died, and also caused simple injuries to Nandkeshwar and thereby committed the aforesaid offences. FIR w

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