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2017 Supreme(Online)(Chh) 210

CHHATTISGARH HIGH COURT
*Navin Sinha, C. J., P. Sam Koshy, J.
Jageshwar Chouhan alias Jagsai alias Shaili Tailor and Another v. State of Madhya Pradesh


1. The Appellants stand convicted under S.302/34 IPC and sentenced to life imprisonment with fine of Rs. 10,000/- each as ordered on 30.6.1999 by the Additional Sessions Judge, Jashpurnagar in Sessions Trial No. 209 of 1998.

2. The body of deceased Bhajendra @ Piti Prasad Sai was found lying near the bushes at 5:00 pm on 16.10.1998. The police station stated to have been 17 Kms. away, FIR (Exhibit P - 5) was lodged by his brother PW - 2, Jagdish Prasad Sai on 17.10.1998 in the morning against unknown. The postmortem of the deceased (Exhibit P - 1) was conducted by PW - 1, Dr. Yashwant Kumar Toppo. Ten incised wounds and one lacerated wound were found on the body of the deceased. The cause of death was opined due to shock and cerebral haemorrhage resulting from incised injuries and consequent bleeding. Death was opined homicidal in nature and the time elapsed since death was between 36-45 hours.

3. Learned Counsel for the Appellants submitted that there is no eye witness to the occurrence. The case of the prosecution is based on circumstantial evidence including the last seen theory. It was therefore incumbent upon the prosecution to establish all the links in the chain of circumstanc












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