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.