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2004 Supreme(Online)(Chh) 14

IN THE HIGH COURT OF CHHATTISGARH
K.H.N. KURANGA, CJ, L.C. BHADOO, J
Anwar Khan v. State of M.P.


Advocates:
For the Appellants/Petitioners: Mr. D. R. Sharma with Miss J. A. Khan
For the Respondents: Mr. Ayaz Naved

Table of Content
1. conviction based on circumstantial evidence and procedural correctness. (Para 1 , 2 , 3 , 4)
2. absence of direct eyewitness testimony necessitates reliance on circumstantial evidence. (Para 7 , 16)
3. recent and unexplained possession of stolen property infers guilt. (Para 17 , 22)
4. the court upheld conviction for murder and robbery while acquitting the charge under s.201. (Para 23 , 25)

1. Accused / appellant Anwar Khan has preferred this criminal appeal under S.374(2) of the CrPC through the Superintendent of Jail, Raipur, being aggrieved by the judgment of conviction and sentence dated 20th April, 1995, passed by the Additional Sessions Judge, Khairagarh, in Sessions Trial No. 142/93, by which the learned Additional Sessions Judge after holding the accused / appellant guilty of the commission of the offences under S.449, S.302, S.394 read with S.397 and S.201 of the IPC, sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 500/-, in default of payment of fine to undergo further rigorous imprisonment for three months under S.449 of the IPC, to undergo imprisonment for life and pay a fine of Rs. 1,000/-, in default of payment of f



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