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2023 Supreme(Chh) 504

DEEPAK KUMAR TIWARI, GOUTAM BHADURI
Nakul Komra S/o Lalsai Komra – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Bhavika Kotecha.
For the Respondent: Praveen Shrivastava.

JUDGMENT :

GOUTAM BHADURI, J.

1. The present appeal is against the judgment of conviction and order of sentence dated 8-3-2021 passed by the First Additional Sessions Judge, Kanker, District Uttar Bastar, Kanker, in ST No. 03/2020 whereby the trial Court sentenced the accused to undergo life imprisonment with fine of Rs. 1,000/- for the offence under Section 302 of the Indian Penal Code (for short ‘the IPC’). The trial Court also imposed default sentence in case of failure to pay the fine.

2. Filtering the unnecessary details, the prosecution case is that on 7-11-2019 the son of Fhulbasan (since deceased) namely; Heeru Ram (PW-7) lodged the merg intimation (Ex.P/7) stating, inter alia, that while he was cutting the crop in his field, which is situated behind his house, at about 2.00 pm his father Bal Singh (PW-4) came out of the house and shouted that his mother was killed by the present appellant by way of axe. When he went to house he saw that in Kothaar ¼dksBkj½ the dead body of his mother was lying in the pool of blood. Having enquired as to why such assault was made by the appellant, the father disclosed the fact that his mother has objected using the pathway towards the Kothaar

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