Digitally signed by BHOLA NATH KHATAI Date:

2024.09.26

10:37:34 +0530

2024:CGHC:37792 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 496 of 2003 Reserved on 18.09.2024 Delivered on 25.09.2024 Rajesh Marabi S/o Deo Sai Marabi, aged about 40 years, agriculturist by occupation, R/o village – Lodhi, Police Station –

Basantpur, District – Surguja (CG)

... Appellant versus The state Of Chhattisgarh ... Respondent For Appellant : Shri Gyan Prakash Shukla, Advocate For Respondent : Shri Sanjeev Pandey, Dy. Advocate General Hon'ble Shri Justice Sanjay Kumar Jaiswa l

C A V Judgment

1. This criminal appeal has been preferred under Section 374(2)

of Cr.P.C. calling in question the legality, validity and correctness of the judgment of conviction and order of sentence dated 10.04.2003, passed by learned 2^nd Additional Sessions Judge, Ambikapur, District Surguja (C.G.) in Sessions Trial No.189/2002, whereby the appellant herein has been convicted for offence punishable under Section 304 Part-II of IPC and sentenced to undergo rigorous imprisonment for 10 years and fine of Rs.1,00,000/-, in default of payment of fine, to undergo one year additional rigorous imprisonment.

2. The case of prosecution, i