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2025 Supreme(SC) 1221

VIKRAM NATH, SANDEEP MEHTA
SD. Shabuddin – Appellant
Versus
State of Telangana – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Byrapaneni Suyodhan, Adv. Mr. B Laxman, Adv. Ms. Tatini Basu, AOR Mr. Kumar Shashank, Adv.
For the Respondent(s): Mr. Kumar Vaibhaw, Adv. Ms. Devina Sehgal, AOR Mr. Yatharth Kansal, Adv. Mr. Srikanth Varma Mudunuru, Adv.

JUDGMENT

VIKRAM NATH, J.

1. Leave granted.

2. This appeal, preferred on behalf of the appellant, takes exception to the judgment dated 7th March, 2024, passed by the High Court for the State of Telangana at Hyderabad [Hereinafter, referred to as “High Court”.] whereby the criminal appeal [Criminal Appeal No. 439 of 2010] preferred by the present appellant and Moulana (accused No. 1) [For short, “accused-Moulana”] was partly allowed.

3. The High Court, while partly allowing the appeal against the judgment of conviction dated 5th March, 2010, passed by the Principal Sessions Court, Warangal [Hereinafter, referred to as “Trial Court”] in Sessions Case No. 229 of 2008, had reduced the sentence of imprisonment from three years, as awarded by the Trial Court under Section 411 of the Indian Penal Code, 1860 [For short, ‘IPC’], to one year.

BRIEF FACTS OF THE CASE:

4. The prosecution story, in a nutshell, is narrated hereinbelow:

4.1. The complainant, namely K. Vikram, cousin brother of deceased-M. Narsaiah [Hereinafter, referred to as “deceased”], registered an FIR bearing No. 344 of 2005 with Mills Colony Police Station, District Warangal alleging, inter alia, the deceased was in a business of

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