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2023 Supreme(Chh) 585

SANJAY K. AGRAWAL, SANJAY AGRAWAL
Taneshwar Kumar Chandrawanshi, S/o. Dashelal – Appellant
Versus
State of Chhattisgarh, Through Police Station-Saraswati Nagar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Dr. Shiv Kumar Shrivastava, Advocate
For the Respondent:Mr. Sameer Oraon, Govt. Advocate

JUDGMENT :

Sanjay K. Agrawal, J.

1. This criminal appeal preferred by the appellant under Section 374(2) of Cr.P.C. is directed against the impugned judgment dated 15.02.2016, passed by the Sessions Judge, Raipur, in Sessions Trial No.248/ 2013, by which, the appellant herein has been convicted for the offence under Section 302 of Indian Penal Code and sentenced to undergo imprisonment for life.

2. Case of the prosecution, in brief, as projected and accepted by the trial Court, is that, in the intervening night of 10.07.2013 to 11.07.2013 at 4:30 A.M., at Deemarpara, Kota, Police Station- Saraswati Nagar, Raipur, the appellant herein strangulated his wife Tara Devi (now deceased) to death with the help of acquitted co-accused Suresh Nirmalkar and in order to screen himself from the legal punishment hide the neck towel, which was used for strangulation and thereby the offence has been committed. The incident was reported to Police Station by Prakash Kumar Kurre (PW-1), pursuant to which, merg intimation was recorded vide Ex.P-1, panchnama was prepared vide Ex.P-5, nazari naksha was prepared vide Ex.P-6, FIR was registered vide Ex.P-13, inquest was conducted vide Ex.P-3 and dead body of

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