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2023 Supreme(Chh) 501

GOUTAM BHADURI, DEEPAK KUMAR TIWARI
Shobhiram Mandavi S/o Late Hagararam Mandavi – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Qamrul Aziz.
For the Respondent: Arijit Tiwari.

JUDGMENT :

GOUTAM BHADURI, J.

1. This criminal appeal preferred by the appellant under Section 374 (2) of the Code of Criminal Procedure is directed against the impugned judgment dated 27/02/2021 passed by the learned 1st Additional Sessions Judge, Kanker, District North Bastar, Kanker, C.G. in Sessions Trial No. 30/2019, whereby the appellant has been convicted for commission of offence under Section 302 of the IPC and sentenced to undergo R.I. for life and to pay fine of Rs.1000/- in default of payment of fine amount to undergo additional R.I. for 3 months.

2. The prosecution case in brief, is that on 17/09/2019 an FIR was lodged by one Uttamram Yadav vide Ex. P/8 that on 17/09/2019 while he was coming after grazing the cattle at that time,the appellant/accused was hurling different abuses to his father Jeevanlal on various counts. At that juncture his mother Jainbai and his wife Panchbati went near the house of the appellant to advise him to stop abusing. On being interrupted by Jainbai, the appellant ran back to his house came back with a spade and assaulted the deceased Jainbai and gave a blow on her neck and back. Due to such blow she fell down to the ground. Subsequently, the d

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