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2023 Supreme(Chh) 556

SANJAY K. AGRAWAL, SANJAY S. AGRAWAL
Shivsharan @ Shiva Vishwakarma, S/o Budhdhu Vishwakarma – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Sharmila Singhai, Mr. Amit Singh, Advocate
For the Respondent:Mr. Ashish Tiwari, Govt. Advocate.

JUDGMENT :

Sanjay K. Agrawal, J.

1. This criminal appeal preferred by the appellant, under Section 374(2) of CrPC, is directed against the judgment of conviction and order of sentence dated 10.6.2016 passed by Additional Sessions Judge, Ramanujganj, District Balrampur-Ramanujganj in Sessions Case No.44/2012, by which the appellant herein has been convicted for the offence punishable under Section 302 of IPC and sentenced to undergo Imprisonment for Life and fine of Rs.1000/- and in default of payment of fine amount, to undergo additional R.I. for 50 days.

2. Case of the prosecution, in short, is that on 12.12.2011 at about 4:00 a.m. in Village Singchoura under Police Station Rajpur, the appellant killed his wife Urmila with tangi (axe) thereby committed the offence of murder punishable under Section 302 of IPC. According to the prosecution, the said act is said to have been committed by the appellant as the deceased was suspecting of his having an illicit relationship with a woman.

3. Further case of the prosecution is that on 12.12.2011 Surendra Vishwakarma (PW-1) lodged FIR (Exhibit P-2) at Police Station Rajpur alleging that on 10.12.2011 her elder sister (deceased Urmila) and her h

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