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2024 Supreme(Online)(CG) 6153

HIGH COURT OF CHHATTISGARH
ARUN KUMAR PATEL and ORS. – Appellant
Versus
STATE OF CHHATTISGARH – Respondent


C A V Judgment

This appeal under Section 374 (2) of Code of Criminal Procedure, 1973 (for short ‘CrPC’) has been filed by the appellants aggrieved by impugned judgment of conviction and order of sentence dated 24/04/2009 passed by the Second Additional Sessions Judge (FTC), Korba (CG) in Sessions Case No.64/2008 by which, learned trial Court held the appellants guilty of commission of offence and sentenced as described below -

Conviction Sentence
1 U/s 399 of IPC R.I. for 3 years and fine of Rs.1,000/- (In default of payment of fine, further R.I. for 1 month)
2 U/s 402 of IPC R.I. for 3 years and fine of Rs.1,000/- (In default of payment of fine, further R.I. for 1 month)

2. Prosecution story in brief is that on 05/06/2008, at about 7 O’clock in the morning, a secret information was received by Shri V.P.Shukla, In-charge of Police Station – Kartala that some people have gathered in a jungle behind Sahu Dhaba prepared for committing dacoity and were also armed and also had 3 motor cycle. After receipt of said information, Shri V.P.Shukla (PW10) to verify about the said information, went to the spot along with his staff ASI – Dwarika Singh

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