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2006 Supreme(SC) 1215

ARIJIT PASAYAT, S.H.KAPADIA
State Of M. P. – Appellant
Versus
Kedar Yadav – Respondent


JUDGMENT

Arijit Pasayat, J. - Challenge in this appeal is to the judgment of a learned Single Judge of the Madhya Pradesh High Court. By the impugned judgment learned Single Judge while upholding the conviction of the respondent for an offence punishable under Section 307 of the Indian Penal Code, 1860 (in short the IPC) reduced the sentence to the period already undergone which was about 1 year and three months. The trial court had found the respondent guilty and had imposed sentence of ten years rigorous imprisonment and fine of Rs.1,000/- with default stipulation.

2. Background facts in a nutshell are as follows:

The respondent allegedly assaulted the complainant - Parvat Singh by an axe causing several grievous injuries. Complainant Parvat Singh (PW 10) lodged a report at the police station to the effect that while he was doing night duty at Dr. Ajay Lal Christian Hospital, the accused hit him on his head by the sharp edge of an axe and other parts of the body. Other persons were present there, who witnessed the incident. They carried the complainant to the hospital for treatment. Information was lodged at the Police Station and investigation was undertaken. The informant was
























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