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IN THE HIGH COURT OF CHHATTISGARH BILASPUR
Goutam Bhaduri, Radhakishan Agrawal
Hemchand @ Hemu Sahu S/o Late Chintaram Sahu – Appellant
Versus
State of Chhattisgarh through Station House Officer, Police Station Dhamdha – Respondent
| Table of Content |
|---|
| 1. conviction and sentencing details (Para 1 , 2) |
| 2. background of the case and evidence collection (Para 3 , 4) |
| 3. defense arguments against prosecution evidence (Para 5 , 6) |
| 4. court's reasoning on evidence presented (Para 7 , 12 , 17) |
| 5. interpretation of evidentiary burdens under section 106 (Para 15 , 21) |
| 6. final judgment and appeal outcome (Para 22) |
JUDGMENT :
Goutam Bhaduri, J.
1. The instant appeal is against the judgment of conviction and order of sentence dated 30.01.2021 passed by the learned Second Additional Sessions Judge, Durg in Sessions Trial No.93 of 2019, whereby the appellant stands convicted and sentenced as under :
| Section | Sentence |
|---|---|
| U/s 302 IPC | Life imprisonment and fine of Rs. 1000/-, in default of payment of fine to further undergo R.I. for one year. |
| U/s 201 IPC | Rigorous Imprisonment for 3 years and fine of Rs. 1000/-, further R.I. for six months. |
2. Before the trial Court, 4 accused were tried i.e., Hemchand (A-1), Teekaram Sahu (A-2), Manish Sahu (A-3) and Shivkumar Sahu (A-4). All other appellants Teekaram Sahu Manish Sahu and Shivkumar Sahu have been acquitted. The present appellant Hemchand @ Hemu (A-1) Sahu has been convicted as aforementioned. Hence
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