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2024 Supreme(Online)(CG) 7478

HIGH COURT OF CHHATTISGARH
RAMSAGAR YADAV – Appellant
Versus
STATE OF CHHATTISGARH – Respondent


Order on Board

15/01/2024

1. The appeal arise out of the judgment of conviction and sentence dated 14.11.2003 passed by Learned Sessions Judge, Jashpur, District – Jashpur (C.G.) in Sessions Trial No. 34/2003 whereby the appellant has been convicted and sentenced in the following manner:-

CONVICTION SENTENCE PUNISHMENT IN DEFAULT OF PAYMENT OF FINE
Under Section 304-II of I.P.C 5 years R.I. and fine of Rs. 5,000/- 6 months additional R.I.

2. Brief facts of the case are that on 26.01.2003 at about

12:45 P.M. in the noon, the complainant the Kuluwa @ Khuluwa (PW-1) has lodged the report to the police station against the appellant with the effect that on 26.01.2003 at about 9:00 A.M. when he was grazing his cattles nearby his house he saw that the cattles of the appellant have entered into the threshing field of Sarju and when Sarju try to get them out from his threshing field, Ram Sagar, have abused Sarju and assaulted him by lathi which inflicted on his head. Ramadhar, Shiv Kumar and Rameshwar have intervene in the quarrel and he came to police station alongwith Sarju to lodged the report.

3. On the report of PW-1, the police has registered the FIR , Ex-P/1 for the offence u

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