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2019 Supreme(SC) 1184

N.V.RAMANA, MOHAN M. SHANTANAGOUDAR, AJAY RASTOGI
STATE OF MADHYA PRADESH – Appellant
Versus
UDHAM – Respondent


Advocates Appeared:
For the Appellant(s) :Swarupama Chaturvedi, Advocate
For the Respondent(s):S. Ramamani, Advocate

JUDGMENT

N.V. RAMANA, J.

1. The present appeal is directed by the appellant-State against the final order dated 06.11.2012, passed by the High Court of Madhya Pradesh (Gwalior Bench) in Criminal Appeal No. 659 of 2011, whereby the High Court partly allowed the appeal filed by the respondents-accused herein and reduced the sentence awarded by the Trial Court to the period already undergone for the offences under Section 326 of the Indian Penal Code [hereinafter referred to as ‘IPC’] read with Section 34 of IPC, and Section 452 of the IPC.

2. The prosecution’s case is that the complainant lodged a report on 15.04.2008 that at around 9 p.m., while he was sitting inside his house with three other people, the respondents-accused barged in, carrying weapons. More specifically, respondent nos. 1 and 3 were carrying axes, while respondent nos. 2 and 4 were carrying sticks. The respondents-accused asked the complainant why he had not kept his cow tied, and subsequently, on respondent no. 4’s exhortation, the respondents-accused attacked the complainant and the others present at that time resulting in various injuries to them. Respondents-accused then allegedly threatened the complainant tha

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