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2023 Supreme(Chh) 517

SANJAY K. AGRAWAL, SANJAY S. AGRAWAL
Devkaran S/o Shri Santuram Ratre – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mayank Chandrakar.
For the Respondent: Amrito Das.

JUDGMENT :

SANJAY K. AGRAWAL, J.

1. Since these two criminal appeals have arisen out of the same judgment dated 6.2.2016 passed by First Additional Sessions Judge, District Balod in Sessions Trial No. 2300078/2015 and the question of law and fact also being similar in these two appeals, they have been clubbed together, heard together and are being disposed of by this common judgment.

2. The sole appellant in Criminal Appeal No. 270/2016 namely Devkaran (A-2) so also the sole appellant in Criminal Appeal No. 1603/2017 namely Arjun Halba (A-1) both have preferred these two appeals, under Section 374 (2) of Cr.P.C. calling in question the validity, legality and correctness of the impugned judgment dated 6.2.2016 whereby both of them have been convicted for the offence punishable under Section 376(2)(g) of IPC and sentenced to undergo Life Imprisonment to pay fine of Rs.1000/- each and in default whereof, to undergo additional rigorous imprisonment for one month each.

3. Case of the prosecution, in nutshell, is that on 6.7.2015 at about 8:15 p.m. at village Sambalpur under Police Station Daundilohara, District Balod, in the field near the shrine of Bharat Pujari, the two appellants herein

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