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october 2005

Supreme Court of India · 2005-10-24

STATE OF M.P. vs RAM KUMAR

Citation / case number
SC 2004/18048
Court
Supreme Court of India
Petitioner
STATE OF M.P.
Respondent
RAM KUMAR
Bench
CJI R.C. LAHOTI, G.P. MATHUR & P.K. BALASUBRAMANYAN

Judgment text excerpt

The Supreme Court held that the High Court's reduction of the sentence under Section 307 IPC from five years to two and a half months was inadequate and unsatisfactory, as it failed to consider the evidence presented. The Court emphasized the mandatory duty of the appellate court under Sections 384, 385, and 386 of the Code of Criminal Procedure to examine witness testimonies and the case records before altering a conviction. Consequently, the Supreme Court set aside the High Court's order and restored the original sentence imposed by the trial court.

STATE OF M.P. vs RAM KUMAR · Niyam