Supreme Court of India · 2005-10-24
STATE OF M.P. vs BHURA KUNJDA
- Citation / case number
- SC 2005/3448
- Court
- Supreme Court of India
- Petitioner
- STATE OF M.P.
- Respondent
- BHURA KUNJDA
- 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 8 read with Section 20(b) of the N.D.P.S. Act was inadequate and unsatisfactory, as it failed to consider the evidence presented during the trial. The Court emphasized the mandatory duty of the appellate court 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.