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2021 Supreme(SC) 450 ; 2021 Supreme(SC) 457

INDIRA BANERJEE, V. RAMASUBRAMANIAN
MADHAV – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates appeared:
For the Petitioner(s):Ardhendumauli Kumar Prasad, Taruna Ardhendumauli Prasad, Ashish Madaan, Amit Arjariya, Karan Dalal, Ritaj Kacker, Deepkaran Dalal, Advocates
For the Respondent(s):Shreeyash U Lalit, Pashupathi Nath Razdan, Mirza Kayesh Begg, Maitreyee Jagat Joshi, Advocates

JUDGMENT

V. Ramasubramanian, J.

Leave granted.

2. Challenging their conviction for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (“IPC” for short) and the sentence of life imprisonment and a fine of Rs.2500/­ imposed upon them by the Ist Additional Sessions Judge, Sagar, M.P., and confirmed by the Division Bench of the High Court of Madhya Pradesh at Jabalpur, Accused Nos.2 and 3 have come up with these criminal appeals.

3. We have heard Mr. Ardhendumauli Kumar Prasad and Mr. Amit Arjariya, learned counsel appearing for the appellants and Shri S.U. Lalit, learned counsel appearing for the State.

4. Smt. Sahodra Bai (hereinafter referred to as “A­2”), who is the appellant in one of these appeals, is the sister of Shri Madhav (hereinafter referred to as “A­3”) who is the appellant in the other appeal. Shri Raju Yadav who was Accused No.1 is the husband of Sahodra Bai.

5. The case of the prosecution was that on the night of 13.05.2008, at about 22.30 hrs., all the three accused, in furtherance of the common intention of all, attacked one Pappu @ Nand Kishore (brother of A­1) with a knife and lathis resulting in his death and that, thereafter,

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