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CHHATTISGARH HIGH COURT
Prashant Kumar Mishra, J
Dharm Singh – Appellant
Versus
State of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. factual background of the case and incident details. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. contention regarding the lack of common intention and premeditation. (Para 8 , 19) |
| 3. court's reflections on evidence and application of law. (Para 9 , 10 , 12 , 24 , 29) |
| 4. clarification of legal standards under s.34 of ipc. (Para 13 , 14 , 15 , 23 , 28) |
| 5. final adjudication of convictions and orders made by the court. (Para 31 , 32) |
1. This criminal appeal filed by the accused - appellants under S.374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 25.05.2015, passed by the Court of learned Additional Sessions Judge, Katghora, District Korba (C.G.) in S.T. No.04/2014, whereby the appellants - accused have been convicted for offence under S.302 r/w 34 of IPC and sentenced to undergo life imprisonment each with fine of Rs.1,000/- each and, in default of fine, additional imprisonment of 01 year each.
2. The case of the prosecution, in brief, is that on 14.11.2013 at about 03:00 pm at Village Botla, the accused - appellants shared a common intention to kill Samaru Singh (deceased) and, in furtherance thereof, assaulted Samaru Singh (de
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