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2023 Supreme(Chh) 514

GOUTAM BHADURI, DEEPAK KUMAR TIWARI
Niran Bagh S/o Shri Paddu Bagh – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Soumya Sharma.
For the Respondent: Praveen Shrivastava.

JUDGMENT :

GOUTAM BHADURI, J.

1. The present appeal is against the judgment of conviction and order of sentence dated 07.01.2020 passed by the Third Additional Sessions Judge, Raipur in Sessions Trial No. 02/2019, whereby the accused/appellant has been convicted and sentenced as under:

Conviction

Sentence

Section 302 of the IPC

R.I. for life with fine of Rs. 3000/- in default of payment of fine further to undergo RI for 2 months.

Section 460 of the IPC

R.I. for 10 years with fine of Rs. 2000/- in default of payment of fine, further to undergo RI for one month.

Both sentences to run concurrently

2. Prosecution case is that on 10.09.2018 at about 11:30 pm the appellant along with two juveniles had abused the deceased Shaukat Ali and Sadhna Bagh near Halka Pond, Mathpuraina, Raipur. Thereafter, they forcefully entered the house and assaulted the deceased Shaukat Ali by means of iron rod due to which he succumbed to death. The background of such attack as developed by the prosecution was that an FIR was lodged by Saeida Khan (PW-1) stating that she had re

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