Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code ofCri111inal Procedure 1973: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | . 386 - Powers of the appellate court - High Court in exercise of power uls. 386 altering the extent of sentence - Respondent- lady along with co-accused intoxicated the co111plainant, looted money from hi111, beat him and dumped him in a watercourse - Trial court convicted the respondent for the offences punishahle ulss. 328, 307, 392134 and awarded imprisonment of two years in respect of each of the offences which were to run conc11rre111ly - Howeve1; the High Court set aside the sentence of imprisonment and substituted by fine of Rs. 30,0001- - Held: In respect of offences u!vs. 307, 328 and 392 there has to be punishment ofi111prisonment, and in addition, convict is also liable to pay fine - Thus, awarding the punishment of imprisonment is a must and there cannot be a situation where no imprisonment is imposed at all -- Acts commilled by re.1pondent constitute heinous o,ffences, haring common intention along with co-accused - Tii•o 111itigating circumstances pressed into service by the respondent that she is a 11·oman and is having three minor children has to be balanced with the nature of crime irhich the respondent co111111itted - Trial court took into consi(/eration these circzunstances and on that basis, took a lenient vie11· - No reason for the High Court to show any further mercy - Removing the element of i111prisonment altogether erroneous in law - Thus, the sentencing part of the judgme/1/ of the High Court is set aside and the judgment o,f the trial court is restored - Penal Code, I 860 ss. 328, 307, 392134 ·- Sentence/Se11tencing. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2017 INSC 325 |
Petitioner | State Of Himachal Pradesh |
Respondent | Nirmala Devi |
SCR | [2017] 2 S.C.R. 112 |
Judgement Date | 2017-04-01 |
Case Number | 667 |
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