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2023 Supreme(SC) 408

B. R. GAVAI, SANJAY KAROL
Maghavendra Pratap Singh @ Pankaj Singh – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Shivaji M. Jhadav, Adv. Mr. Anish R. Shah, AOR Ms. Apurva, Adv. Mr. Adarsh Kumar Pandey, Adv. Mr. Brij Kishor Sah, Adv. Mr. Rajiv Ranjan, Adv. Mr. Alok Kumar, Adv.
For the Respondent(s): Mr. Gautam Narayan, AOR

JUDGMENT :

Sanjay Karol, J.

1. The following three questions arise for consideration :

    1. Whether the Investigating Officer in the present case had complied with the duties and responsibilities cast upon him by virtue of Chapter XII of Code of Criminal Procedure Code, 1973?

    2. Whether the court below, while acquitting all the other co-accused in connection with the same crime, erred in not returning a finding qua the instant appellant – a co-accused in respect of a charged framed under Section 120-B of the Indian Penal Code, 1860?

    3. Whether the impugned judgments convicting the appellant are sustainable in law or not?

2. Maghavendra Pratap Singh @ Pankaj Singh (referred to as Pankaj Singh) has preferred the present appeal against the Judgment dated 14.1.2016 passed by the High Court of Chhattisgarh at Bilaspur in Criminal Appeal No.468 of 2013. He alone stands convicted for having committed an offence punishable under Section 302, Indian Penal Code, 1860, with life imprisonment and a fine of Rs.1000/- with further imprisonment of 6 months in default; under Section 201 of the IPC,


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