Nagesar versus State of Chhatisgarh

State of Chhatisgarh

In the present appeal filed by accused 6 and 7 who were convicted for the offence under section 302, 147 and 148 IPC and each of them were sentenced to rigorous imprisonment but when appeal was filed the high court reduced their punishment. On 13.6.2004 in the evening Korma Rao was sitting along with PW1 Pramod. Accused Nos. 1 to 7 were consuming ‘Ganja” and liquor in the above said place and this was objected to by Korma Rao and in the altercation Korma Rao slapped accused No.4 Rajendra Prasad Shukla @ Tukna but after some time Korma Rao came back and was attacked by the accused no 1 which resulted in death of Korma Rao but the present appeal has been preferred by accused no 6 and 7. The council for the appellant argued that the name of accused 6 and 7 were not included in FIR and were also not acknowledged by the witnesses so the court allowed both the appeal and conviction and sentence were set more