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2018 Supreme(Online)(Chh) 678

CHHATTISGARH HIGH COURT
Sanjay K. Agrawal, J
Babbey @ Genrail Singh – Appellant
Versus
State – Respondent


Advocates:
For the Appellants/Petitioners: Smt. Renu Kochar
For the Respondents: Mr. K.K. Singh

Table of Content
1. background of the case and initial incident leading to prosecution. (Para 1 , 2)
2. law regarding injured witness testimony and its weight in verdicts. (Para 20 , 21)
3. discussion of common intention and its establishment in joint criminal action. (Para 22 , 24)
4. final verdict dismisses the appeal. (Para 27)

1. All the appeals are against the judgment dated 28.08.1999 passed by the First Additional Sessions Judge, Durg, in S.T. No.178 of 1996 whereby the appellants have been convicted under S.307 and further under S.307 read with S.34 of I.P.C. and were sentenced to 5 years R.I. and fine of Rs.1000/- and in absence of payment of fine, 6 months further R.I. was ordered.

2. As per the prosecution case, the complainant Gurudeep Singh was running a STD, PCO in front of place known as Om Parisar at Durg. Before the date of incident, on 20.08.1995 some quarrel took place with the complainant and that of Babbey @ Genrail Singh (A - 1) & Vicky @ Ajit Rai (A - 2); therefore, they were enraged to take revenge. Therefore, on 20.08.1995 while Gurudeep Singh was sitting in a shop, at that time, Babbey @ Genrail Singh (A - 1) & Vicky @ Ajit Rai (A - 2) reached there, started qua










































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