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.