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november 2004

Supreme Court of India · 2004-11-30

State Of U.P vs Shri Kishan

Citation / case number
AIRONLINE 2004 SC 200
Court
Supreme Court of India
Petitioner
State Of U.P
Respondent
Shri Kishan
Author
Arijit Pasayat
Bench
Arijit Pasayat, S.H. Kapadia

Judgment text excerpt

The Supreme Court held that the High Court's reduction of the sentence under Section 304 Part II IPC to the period already undergone was improper, emphasizing that undue sympathy in sentencing undermines public confidence in the justice system. The Court reiterated that sentencing must consider the nature of the offence and the circumstances surrounding it, as established in State of M.P. v. Ghanashyam Singh and Sevaka Perumal v. State of Tamil Nadu. The appeal was allowed, and the sentence was restored to the original seven years of rigorous imprisonment.

State Of U.P vs Shri Kishan · Niyam