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2025 Supreme(Online)(Chh) 10637

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
A.M. Khanwilkar, Ajay Rastogi, JJ
Rajkumar Sonkar – Appellant
Versus
State – Respondent


Advocates:
For the Appellants/Petitioners: Mr. T.R. Chandrakar, Mr. Ashish Tiwari
For the Respondents: Mr. H.A.P.S. Bhatia

1.The short question involved in this criminal appeal under S.374(2) of the CrPC at the instance of the appellant herein is, whether the trial Court is justified in convicting him for offences under S.304 - B and 302 of the IPC simultaneously and awarding imprisonment for life in both the above - stated offences separately.

2. The aforesaid question arises in the following factual backdrop: -

3. Prosecution case in brief: -

Case of the prosecution, in short, is that on 5-7-2013 in between 10:00 a.m. and 01:00 p.m., at Village Lagra, Police Station City Kotwali, Mungeli, the sole appellant herein along with two other accused persons (now acquitted), within seven years of marriage, treated his wife Badan Bai with cruelty demanding dowry by which on the said date, she died unnatural death, as such, she suffered dowry death punishable under S.304 - B of the IPC. The appellant herein and other co - accused persons were alternatively charged with the offence of committing murder punishable under S.302 of the IPC alleging that they have strangulated Badan Bai by which she was done to death. Initially, father of the deceased namely, Bhagwat (PW - 4) reported the matter naming the appellant he


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