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IN THE HIGH COURT OF CHHATTISGARH
R.S. Sharma, J
Sukhdeo Somnath v. State of Chhattisgarh
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| 1. witness accounts establish the fatal circumstances surrounding the incident. (Para 2 , 8 , 14) |
| 2. causation of death must link injuries to the accused's actions, not other factors. (Para 12 , 16 , 17) |
| 3. final determination of guilt shifts from homicide to lesser charges. (Para 18 , 20) |
1. Accused / appellant preferred the captioned criminal appeal against his conviction recorded by learned Additional Sessions Judge (FTC), Rajnandgaon on 5.4.2010 under S.302 of the Indian Penal Code (for short ' the IPC - ) for which he is sentenced to life imprisonment.
2. Facts giving rise to this appeal are that on 20.8.2009 complainant Gautam Bai (PW - 2) while returning from the grocery shop was hurling abuses at her daughter Saresh. Renuka and Poonam, daughter of appellant, who were coming from opposite direction, though that Gautam Bai was abusing them and accordingly they went to their house and informed the accused / appellant of the incident on which he came on the spot with club and assaulted on the left side of the stomach of deceased as a result of which he died. FIR (Ex.P - 21) was lodged by Gautam Bai (PW - 1) on 21.8.2009 against accused / appellant under S.302 of I
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