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Raju @ Devendra Choubey vs. State of Chhatisgarh (SC)

32.00 3.20

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Penal Code, 1860–Secs. 302, 34 & 120-B–Murder of stepdaughter–Deceased was carrying fetus of two months–Incident was witnessed by a child aged of 13 years who was working as a servant–His presence was not doubtful–He was having no axe to grind against the accused–His statements were
found corroborated by the recovery of the knife–Further, he gave the specific details of the role played by accused C–Held, three appellants were rightly convicted–However, appellant M merely stood outside of the home and did not act as a guard–No evidence in regard to formation or sharing common
intention by him–He is entitled to be acquitted.