Krishan Lal Alias Bada vs State (Delhi Administration)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1981 Supreme(SC) 38

SUPREME COURT OF INDIA
A.C. GUPTA AND D.A. DESAI, JJ.
Krishan Lal Appellant
Versus
State (Delhi Administration), Respondent.
Criminal Appeal No. 39 of 1981, D/-16-1-1981.

Headnote:
Indian Penal Code, 1860 - Sections 397 r/w 34 - Arms Act - Section 37 - Appellant was convicted under Section 37 of the Arms Act and also under Section 397 r/w 34 of Penal Code and sentenced to suffer rigorous imprisonment for one and a half years and seven years respectively - Held, Considered facts and circumstances of case, we think that second offence really falls under Section 392 of the Penal Code. We alter conviction accordingly and reduce sentence to rigorous imprisonment for three years - Appeal is allowed to the extent indicated above - Appeal allowed.

Judgment

JUDGMENT :- The appellant was convicted under Section 37 of the Arms Act and also under Section 397 read with Section 34 of the Penal Code and sentenced to suffer rigorous imprisonment for one and a half years and seven years respectively. He was also directed to pay a fine of Rs. 200 for the offence under Section 397 and in default to suffer rigorous imprisonment for one month.

2. Having considered the facts and circumstances of the case, we think that the second offence really falls under Section 392 of the Penal Code. We alter the conviction accordingly and reduce the sentence to rigorous imprisonment for three years. The appeal is allowed to the extent indicated above.

Appeal allowed.

For Citation : AIR 1981 SC 2008 (1)

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