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october 2005

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.

State Of M.P vs Ballare @ Ram Gopal · Niyam