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october 2005

Supreme Court of India · 2005-10-24

State Of M.P vs Bhura Kunjda

Citation / case number
AIR 2006 SUPREME COURT 569
Court
Supreme Court of India
Petitioner
State Of M.P
Respondent
Bhura Kunjda
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 8 read with Section 20(b) of the N.D.P.S. Act without adequate reasoning or consideration of evidence. The Court emphasized the mandatory duty of the appellate court to examine witness testimonies and the case records before altering a conviction or sentence. Consequently, the Supreme Court restored the original sentence imposed by the trial court, finding the High Court's judgment to be a miscarriage of justice.

State Of M.P vs Bhura Kunjda · Niyam