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RAMESH SINHA, RAVINDRA KUMAR AGRAWAL
Raj Mishra, S/o. Suresh Mishra – Appellant
Versus
State of Chhattisgarh through Station House Officer – Respondent
| Table of Content |
|---|
| 1. overview of appeals arising from the same case. (Para 1 , 2) |
| 2. details of the assault on the deceased. (Para 3 , 4 , 5) |
| 3. procedural developments and witness examinations. (Para 9 , 10 , 11) |
| 4. defense arguments challenging prosecution's case. (Para 12 , 13 , 14) |
| 5. examination of prosecution's burden to prove guilt beyond reasonable doubt. (Para 22 , 24 , 58) |
| 6. inconsistencies in eyewitness testimonies. (Para 40 , 41 , 43) |
| 7. judicial assessment of evidence and its sufficiency. (Para 46) |
| 8. implicating factors for establishing guilt based on evidence. (Para 56 , 57 , 59) |
| 9. final conclusion and acquittal of the accused. (Para 60 , 61) |
JUDGMENT :
(Ravindra Kumar Agrawal, J.) :
1. Since both the appeals arise out of same crime and same sessions case, they are being heard and decided together by this common judgment.
2. Challenge in these appeals are the judgment of conviction and sentence dated 21.09.2023 passed by the Additional Sessions Judge, Durg in Sessions Case No. 130/2020 whereby the appellants have been convicted and sentenced as under :
| Accused | Offence | Sentence |
| Raj Mishra, Rishab Paswan, Somnath @ Akshay IN CRA No. 1860 of 2023 | 302/149 IPC | Life |
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