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2024 Supreme(Online)(CHH) 2153

HIGH COURT OF CHHATTISGARH
Shri Justice Sanjay K. Agrawal, Shri Justice Sanjay Kumar Jaiswal, JJ
BHUNESHWAR PRASAD @ MITHUN GUPTA – Appellant
Versus
STATE OF CHHATTISGARH – Respondent


Advocates:
Mr. Surendra Singh, Mr. Amit Kumar, Mr. Amiyakant Tiwari, Mr. V.K. Pandey, Ms. Pushpa Dwivedi, Mr. Ashish Shukla

C A V Judgment

Sanjay K. Agrawal, J.

1. Assail in the present batch of three criminal appeals filed under Section 374(2) of the Code of Criminal Procedure, 1973 (in short ‘CrPC’) is to the legality, validity and correctness of the Judgment dated 28.9.2018 passed by learned Special Judge, SC/ST(PA) Act, 1989, Bilaspur, District Bilaspur (Trial Court) in Special Criminal Case SC/ST(PA) Act 1989 No.37/2014.

2. Since these appeals arise out of the same impugned Judgment and the facts of the case also being similar in these appeals, they have been clubbed together, heard together and are being disposed of by this common Judgment.

3. There were total six accused persons in the instant case, i.e., Pramod Nirmalkar (A-1), Sanju Shriwas (A-2), Navin Nirmalkar (A-3), Taran Nirmalkar (A-4), A. Srinivas Rao alias Seenu Rao (A-5) and Bhuneshwar Prasad alias Mithun Gupta (A-6) who were tried before the Trial Court for the offences charged with, out of which only one accused person i.e. A. Srinivas Rao alias Seenu Rao (A-5) has been acquitted by the Trial Court of all the charges framed against him whereas rest of the accused persons have been convicted by the Trial Court who have filed the present a

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