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2015 Supreme(Online)(Chh) 46

CHATTISGARH HIGH COURT
Prashant Kumar Mishra, J
Narayan – Appellant
Versus
State – Respondent


Advocates:
For the Appellants: [A.K. Srivastava]
For the Respondents: [R. S. Bhagat, A.G.A.]

Table of Content
1. overview of the incident leading to the appeal. (Para 1 , 2)
2. arguments regarding the validity of the convictions. (Para 5 , 6)
3. court's evaluation of evidence supporting conviction. (Para 7 , 19)
4. determination of intent and legal culpability. (Para 20 , 21)
5. conclusion and final ruling of the court. (Para 22)

1. This appeal arises out of the judgment of conviction and order of sentence dated 22.10.1999 passed by the First Additional Sessions Judge, Ambikapur, Distt. Surguja in ST No. 289/98 convicting each of the accused / appellants under S.302/34 of IPC and sentencing them imprisonment for life.

2. Case of the prosecution, in brief, is that on 24.8.1998 at 6 pm FIR (Ext. P21) was lodged by Parsuram (since deceased) alleging therein that he is an agriculturist, on that day he was ploughing his field in the morning along with his son Sukhlal (PW 1), at that time accused / appellant No. 1 Narayan who was also ploughing his field came to him and asked as to why he is encroaching upon his field whereupon he (deceased) replied that he is not encroaching upon his field but is trying to level the field. On this, accused / appellant No. 1 Narayan went back to his












































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