Supreme Court of India · 2005-10-20
State Of M.P vs Ballare @ Ram Gopal
- Citation / case number
- 2005 AIR SCW 6378
- Court
- Supreme Court of India
- Petitioner
- State Of M.P
- Respondent
- Ballare @ Ram Gopal
- Author
- G. P. Mathur
- Bench
- R.C. Lahoti, G.P. Mathur, P.K. Balasubramanyan
Judgment text excerpt
The Supreme Court held that the Madhya Pradesh High Court erred in reducing the sentence of the accused convicted under Section 304 Part-I IPC without adequate reasoning or consideration of the evidence. The Court emphasized that the appellate court must examine the testimony of eye-witnesses and the records before altering a conviction or sentence, as mandated by Sections 384, 385, and 386 of the Code of Criminal Procedure. The Supreme Court reinstated the original sentence of 7 years R.I., finding the High Court's judgment to be a miscarriage of justice.