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2025 Supreme(Online)(Chh) 9995

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Sanjay Kumar Jaiswal, J
Kush Dewar @ Chhotku Dewar, Love Dewar @ Badku Dewar – Appellant
Versus
State Of Chhattisgarh – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Shivendu Pandya
For the Respondents: Mr. Vivek Sharma

Table of Content
1. judicial review of prosecution judgment under section 415. (Para 1)
2. details of the incident leading to charges against the appellants. (Para 2 , 3)
3. arguments regarding the extent of the sentence. (Para 5 , 6)
4. court's finding on the guilt and appropriate sentencing. (Para 8 , 9)
5. analysis of the penological approach to the appellants' rehabilitation. (Para 10 , 11)
6. final decisions regarding conviction and adjustments of the sentence. (Para 12 , 13 , 14)

Order on Board

06/08/2025

1.

The present appeal under Section 415 (2) of BNSS , 2023 has been filed challenging the judgment of conviction and order of sentence dated 23.08.2024 passed by the learned Additional Session Judge, Raipur, District Raipur (C.G.) in Session Case No.343/2022, whereby both the appellants have been convicted under Section 307 /34 of IPC and sentenced to undergo R.I. for 5 years to each of the appellant with fine of Rs.100/- to each of the appellant and in default of payment of fine, 3 months’ additional R.I. to each of the appellants.

2.

The case of prosecution, in short, is that the complainant namely Surya Dewar (PW-07) lodged the report in the Police Station Sarswati Nagar, District Ra

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