CHHATTISGARH HIGH COURT
Goutam Bhaduri, J
Nanaki alias Shyam Lal Patel v. State of Chhattisgarh
| Table of Content |
|---|
| 1. overview of the case background and charges. (Para 1 , 2) |
| 2. summary of arguments presented by both parties. (Para 3 , 4) |
| 3. court's observations on evidence and legal standards. (Para 5 , 6 , 9 , 10 , 12) |
| 4. legal interpretation of s.201 ipc and related case law. (Para 7 , 8 , 11) |
| 5. final ruling and outcome of the appeal. (Para 13 , 14) |
1. This criminal appeal preferred by the appellant herein under S.374(2) of the CrPC is directed against the impugned judgment dated 11.1.2011 passed by the 2 Additional Sessions Judge, Bilaspur, in Sessions Trial No.7/2010, by which the appellant has been convicted for offence under S.201 of the IPC and sentenced to undergo rigorous imprisonment for seven years and further directed to pay fine of Rs.2000 / , in default of payment of fine, to further undergo rigorous imprisonment for five months.
2. The case of the prosecution, in brief, is that between 23.9.2009 to 24.9.2009, all three accused namely present appellant, coaccused Banwari and Panchuram (now acquitted) crushed the head of deceased Umend Ram with the help of stone and thereby murdered him and in order to screen themselves, they have thrown the dead body of deceased Umend
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