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2024 Supreme(Chh) 435

GOUTAM BHADURI, RAJANI DUBEY
Hunga Kawasi, S/o. Budra Kawasi – Appellant
Versus
State of Chhattisgarh, Through the Police Station Darbha, District Bastar, Chhattisgarh – Respondent


Advocates Appeared:
For the Appellants : Mr. Vivek Shrivastava.
For the Respondent: Mr. R.K. Gupta, Addl. A.G.

JUDGMENT :

Goutam Bhaduri, J.

1. This appeal under Section 374(2) has been filed by the appellants against the judgment of conviction and order of sentence dated 30.11.2019 passed by the learned 2nd Additional Sessions Judge, Jagdalpur, District- Bastar in Sessions Trial No. 80/2018 whereby the appellants stand convicted and sentenced as under:-

Sentence

Conviction

Under Section 302/34 of IPC

R.I. for Life and fine of Rs.1,000/- each, in default to undergo additional RI for 03 months

Under Section 201/34 of IPC

R.I. for 1 year and fine of Rs.1,000/- each, in default to undergo additional RI for 1 month

 

(Both the sentences to run concurrently)

2. Case of the prosecution is that on 17.08.2018, the complainant- Pojje Markam along with her husband Gangaram Markam (deceased) and son Sukhram were drinking country-made liquor. At that time, 4 accused/appellants namely Hunga Kawasi, Sonu Kawasi, Budra Kawasi and Jholu Kawasi came there and called the deceased Gangaram as previous land dispute was existing between them. The allegation is that the deceased occupied the field forcefully belonged to the accused. The appellants dragged the deceased and took him to

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