The High Court of Chhattisgarh dismissed the criminal appeal by affirming the conviction and sentence under Section 304 part 2 IPC, finding the prosecution evidence regarding the assault and death sufficient to sustain the conviction.
Conviction and sentence affirmed; appeal dismissed; appellants already released on remission.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRIMINAL APPEAL No. 990/2008
(Arising out of judgment of conviction and order of sentence dated 237-2008 passed by Additional Sessions Judge, Janjgir, Distt. Janjgir Champa (CG) in ST No. 70/2008)
-Versus-
State of Chhattisgarh through Police Station, Akaltara, Distt. JanjgirChampa (CG) -- -Respondent
For appellant : None. For State : Shri Vasim Miyan, PL.
Hon'ble Shri Sharad Kumar Gupta, Judge ORAL JUDGMENT
3-10-2018
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pm near Irrigation Colony, Pamgarh, the appellants had beaten deceased Rohit Kumar by hands and fists and pushed him from stairs. When he was being taken for treatment to Gidhoury, he died on the way. A merg intimation was lodged in Akaltara police station. After completion of the investigation a charge sheet was filed against the appellants. The Trial Court framed charge against the appellants under Section 302/34, IPC. Appellants abjured the charge and faced trial.
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that the appellants were beating deceased Rohit by hands and fists.
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appellants have been released on 26-1-2013 after getting the benefit of remission extended to them. The appellants have deposited fine amount. Thus, no further order is required.
Sd/-
(Sharad Kumar Gupta)
Judge
Pathak/-
2 issues framed by the court
Whether the appeal against conviction and sentence under Section 304 part 2 IPC deserves interference.
Whether the conviction and sentence passed by the Trial Court are sustainable in law and fact.
1 provisions across 1 enactments
Kartik Ram
Sunil Kumar
State of Chhattisgarh
Sharad Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
