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.