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2017 Supreme(Online)(Chh) 357

IN THE HIGH COURT OF CHHATTISGARH
Goutam Bhaduri, J
Arjun Prasad Chandrawanshi and Another v. Dani Ram Gajanand Chandrawanshi and Others


Advocates:
For the Appellants/Petitioners: A. K. Prasad, Smita Ghai
For the Respondents: Pradeep Singh

Table of Content
1. summary of procedural initiation and appeals. (Para 1 , 2 , 9 , 10)
2. fact summary and basis of charges against the respondents. (Para 3 , 5 , 8 , 12)
3. evidence evaluation confirming inconsistencies and implications. (Para 14 , 16 , 18)
4. legal determinations regarding charge omissions and retrial necessity. (Para 20 , 21)
5. order for retrial under s.306 ipc. (Para 28 , 29)

1. This criminal revision has been filed by the parents of the deceased Chitrarekha under S.397/401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C') against the judgment dated 27/08/2002 passed by the Second Additional Sessions Judge (F.T.C.), Mungeli in Session Trial No. 200 of 2000, whereby, the respondent Nos. 1 to 4 have been acquitted from the offence punishable under S.498 - A / 34 and 304 - B / 34 of the Indian Penal Code (hereinafter referred to as 'IPC'). The State Government has also questioned the propriety of this judgment while filing the appeal under S.378 of the Cr.P.C., which is registered as Acquittal Appeal No. 445 of 2010.

2. Since the common questions of law and facts are involved in both these matters, therefore, they are being heard together

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