Niyam v2 is live — start for just ₹100 — 200 credits to try

november 2004

Supreme Court of India · 2004-11-30

STATE OF U.P. vs KISHAN

Citation / case number
SC 2003/20492
Court
Supreme Court of India
Petitioner
STATE OF U.P.
Respondent
KISHAN
Author
ARIJIT PASAYAT
Bench
S.H. KAPADIA ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that the High Court's reduction of the respondent's sentence from 7 years RI under Section 304 Part II IPC to the period already undergone, along with a fine of Rs. 15,000, was inappropriate. The Court emphasized that undue sympathy in sentencing undermines public confidence in the justice system, referencing State of M.P. v. Ghanashyam Singh and Sevaka Perumal v. State of Tamil Nadu. The Court reinstated the need for a balanced consideration of aggravating and mitigating factors in determining appropriate sentences.

STATE OF U.P. vs KISHAN · Niyam