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2023 Supreme(Chh) 584

SANJAY K. AGRAWAL, SANJAY S. AGRAWAL
Laxmichand Chouhan S/o Ghasiram Chouhan – Appellant
Versus
State of Chhattisgarh through District Magistrate Raigarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Vineet Kumar Pandey, Adv.
For the Respondent: Mr. Afroz Khan, Panel Lawyer.

JUDGMENT :

Sanjay K. Agrawal, J.

1. This criminal appeal under Section 374(2) of the CrPC preferred by the appellants-accused persons herein is directed against the impugned judgment of conviction and order of sentence dated 29.04.2016 passed by 5th Additional Sessions Judge, Raigarh, Chhattisgarh, in Sessions Trial No. 33/2015 by which appellants have been convicted for offence under Section 302 of the IPC and sentenced to undergo rigorous imprisonment for life with fine of Rs. 500/- each; in default of payment of fine additional rigorous imprisonment for 3 months.

2. Case of the prosecution, in short, is that on 21.01.2009 at about 5:30 pm at village Kolaibahal Statiopara, Police Station Chakradharnagar, District Raigarh, Chhattisgarh, appellants herein namely Laxmichand Chouhan (A-1), Mali Chouhan (A-2) & Naka @ Savitri (A-3) in furtherance of their common intention, assaulted Ghurauram by wooden stick and hand & fist, by which he suffered grievous injuries and died and thereby committed the aforesaid offence. It is further case of the prosecution is that A-1 & A-2 are the son and daughter, respectively, of A-3 and Ghurauram (now deceased) was the son-in-law A-3. Further case of th

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