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CHHATTISGARH HIGH COURT
A. M. Bhatia, J
Kailash Thakur v. State of Chhattisgarh
| Table of Content |
|---|
| 1. conviction under section 302 ipc confirmed based on eyewitness and medical evidence. (Para 1 , 2 , 3) |
| 2. defendant's arguments regarding witness credibility and lesser charges are considered. (Para 5 , 6) |
| 3. court affirms credibility of eyewitnesses despite potential biases. (Para 7 , 8 , 9) |
| 4. legal standards for determining appropriate charges established. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 5. appeal dismissed; trial court's judgment upheld. (Para 18 , 19) |
1This appeal is directed against the judgment of conviction and order of sentence dated 13-2-2003 passed by VIIth Addl. Sessions Judge (FTC), Drug, in Sessions Trial No. 219/2001 whereby the appellant has been convicted under S.302, IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1000/-, in default of payment of fine, to further undergo simple imprisonment for six months.
2. The case of the prosecution is that on 27-3-2001 at about 10 p.m. Satwantin Bai (PW 2) was present in front of her house. She heard the commotion from a nearby place i.e. chabutara. When she went towards there, she saw that the appellant was quarreling with her nephew Sanjay Yadav (PW. 4). The deceased Punarad Yadav
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