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2018 Supreme(Chh) 431

PRITINKER DIWAKER, GAUTAM CHOURDIYA
Neeraj Sharma – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates Appeared:
For the Appellant :Shri. Achyut Tiwari, Advocate, Shri. D.N. Prajapati, Advocate
For the Respondent: Shri. Ravindra Agrawal, G.A.

JUDGMENT :

Pritinker Diwaker, J.

This appeal arises out of the judgment of conviction and order of sentence dated 3.1.2015 passed by the 1st Additional Sessions Judge, Balod, Distt. Balod in Sessions Case No. 02/2013, convicting each of the appellants under Section 307/120B, 364A & 392/397 of IPC and sentenced them to undergo RI for 10 years, fine of Rs.100/-; life imprisonment, fine of Rs.200/- and RI for 07 years respectively with default stipulations.

2. As per the prosecution case, complainant Arjit Sharma (PW-6) was residing as a paying guest in the house of Smt. Seema Singh (PW-7). Accused/appellant No.1 Neeraj Sharma and the complainant were known to each other. On 2.1.2013 at about 6.30 pm accused/appellant Neeraj Sharma called the complainant on his cell phone to visit Nehru Nagar and Yugantar College, Rajnandgaon. It is said the motorcycle was being ridden by accused/appellant No.2 Ashwani Kumar Yadav, complainant was sitting behind him and appellant Neeraj Sharma was sitting in the last. The complainant was taken to Doundilohara where at about 1 am while he was easing himself, the accused/appellants made an attempt to kill him by tying clutch wire around his neck and pullin












































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