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2024 Supreme(SC) 71

B. R. GAVAI, SANDEEP MEHTA
Raja Naykar – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Sameer Shrivastava, AOR Ms. Yashika Varshney, Adv. Mr. Niteen Sinha, Adv. Mr. Satvic Mathur, Adv.
For the Respondent(s): Mr. Sumeer Sodhi, AOR Ms. Shreya Singh, Adv. Ms. Bhawana Mapwal, Adv.

JUDGMENT :

B.R. GAVAI, J.

1. This appeal challenges the judgement and order dated 22nd July, 2015, passed by the Division Bench of the High Court of Chhattisgarh, Bilaspur in CRA No. 223 of 2012, thereby dismissing the appeal filed by the Appellant, namely, Raja Naykar (Accused No. 1) and confirming the judgment and order of conviction and sentence awarded to him by the Court of Additional Sessions Judge, Durg (Chhattisgarh) (hereinafter referred to as “Trial Judge”) in Sessions Trial No. 14 of 2010 on 23rd November, 2011.

2. Shorn of details, the facts leading to the present appeal are as under:

2.1 On 21st October, 2009, the half-burnt body of Shiva alias Sanwar (hereinafter referred to as ‘deceased’) was found behind Baba Balak Nath temple near Shastri Nagar ground. Based on the information given by one, Pramod Kumar (P.W.3), merg intimation Ex. P-33 was registered against unknown persons.

2.2 The prosecution case, in a nutshell, is that Mohan – the husband of Accused No. 2 and brother of the Appellant was killed by the deceased; and as its offshoot, on 21st October, 2009 at about 12.00 a.m., the Appellant committed the murder of the deceased by causing 24 stab wounds on his body. He

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