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2024 Supreme(Chh) 405

SANJAY K. AGRAWAL, SANJAY KUMAR JAISWAL
Heeramani, W/o. Late Rambhagat – Appellant
Versus
State of Chhattisgarh, through Police Station Pratappur, Dist. Surajpur – Respondent


Advocates Appeared:
For the Appellant : Mr. Sunil Tripathi, Adv. and Ms. Varsha Sharma, Adv.
For the Respondent: Mr. Arvind Dubey, Govt. Adv.

JUDGMENT :

Sanjay K. Agrawal, J.

1. Invoking jurisdiction of this Court under Section 374(2) of the CrPC, the sole appellant herein has preferred this criminal appeal calling in question legality, validity and correctness of the judgment of conviction and order of sentence dated 29.11.2016 passed by the Additional Sessions Judge, Pratappur, District Surajpur, Chhattisgarh in Sessions Trial No.20/2016 by which she has been convicted for offence under Section 302 of the IPC and sentenced to undergo imprisonment for life and to pay fine of Rs.1,000/-; in default of payment of fine additional rigorous imprisonment for 1 year.

2. Case of the prosecution, in nutshell, is that on 12.07.2016 at about 3:00 am, at village Manpur, Police Station Pratappur, District Surajpur, Chhaattisgarh, in furtherance of their common intention appellant herein along with Sanjay Paikara (now acquitted) assaulted her husband Rambhagat (now deceased) by sharp edged weapon by which he (deceased) suffered grievous injuries and died, pursuant to which Sukhlal (PW-1), father of the deceased, reported the matter to the police. It is further case of the prosecution that the marriage of the appellant and Rambhagat was

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