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2024 Supreme(Chh) 225

SANJAY K. AGRAWAL, ARVIND SINGH CHANDEL
Ram Nagesiya, S/o. Laharu Ram – Appellant
Versus
State of Chhattisgarh, through Police Station Bagicha, District Jashpur (C. G. ) – Respondent


Advocates Appeared:
For the Appellant :Mr. A.L. Singroul, Advocate/Panel Lawyer.
For the Respondent: Mr. H.A.P.S. Bhatia, Panel Lawyer.

JUDGMENT :

Sanjay K. Agrawal, J.

1. Invoking criminal appellate jurisdiction of this Court under Section 374(2) of the Code of Criminal Procedure (in short ‘CrPC’), the present criminal appeal has been preferred by the appellant herein calling in question the legality, validity and correctness of the judgment & order dated 18.1.2018 passed by learned Sessions Judge, Jashpur (in short ‘Trial Court’) in Sessions Case No.39/2017, by which the appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code (in short ‘IPC’) and sentenced thereunder to suffer Life Imprisonment with fine of Rs.1000/- and in default of payment of fine amount, to suffer additional Rigorous Imprisonment for Three months.

Factual matrix of the case, in brief:

2. On 3.4.2017 at 11:00 am, Bindeshwar Ram (PW-9), brother of deceased Vimitra Bai, lodged FIR (Exhibit P-17) at Police Outpost Bagicha stating that the appellant used to suspect on the character of Vimitra Bai and also used to beat her after consuming alcohol. He further alleged that on 2.4.2017 in the night at about 10:30 pm, the appellant assaulted Vimitra Bai with wooden stick and in the same night itself, the appellant

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