Criminal Law
Mode of Citation- ILC-2018-SC-CRL-....
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Criminal Law
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Criminal Law
Mode of Citation- ILC-2018-SC-CRL-....
Judgement Subject Index/Important Decision/Topic


State of MP Vs. Udaibhan

Head Note

Indian Penal Code,1860  - Section 326 , Section 34

Sentence - Quantum of - While converting the conviction of respondent-accused under Section 307 of IPC and under Section 307 read with Section 34 of the IPC for the other two appellants into one under Section 326 and 326/34 IPC the other two sentenced and reduced their sentence to a period already undergone which was one year and nine months only - High Court did not disbelieve the substratum of the prosecution case and has maintained the conviction of respondents, albeit for an offence minor to one under Section 307 or Section 307 read with Section 34 of IPC-Held that High Court failed to keep under focus various relevant factors for a proper decision on the quantum of sentence which should have been imposed even for the altered conviction under Section 326 or Section 326/34 of the IPC - Order of punishment imposed by the High Court suffers from the vice of being overlenient even in absence of any mitigating circumstance - A sentence of rigorous imprisonment for three years imposed in place of period already undergone, for the offence under Section 326 as well as Section 326/34 of the IPC.

Topic(s)-Sentence - Quantum of - Reduction in Sentence Set Aside

Full Judgement Body

@2017 Indian Law
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