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2005 Supreme(SC) 874

ARIJIT PASAYAT, S.H.KAPADIA
State Of M. P. – Appellant
Versus
Saleem @ Chamaru – Respondent


Judgment

Arijit Pasayat, J.—Leave granted.

2. This is another sad example where a learned Single Judge, Madhya Pradesh High Court, totally oblivious of the consequences has passed an order directing reduction of the custodial sentence to the period already undergone. We have come across a large number of such cases which have been disposed of in very casual and mechanical manner with no trace of application of mind regarding the question of sentence.

3. The respondents (hereinafter referred to as the ‘accused’) faced trial for commission of offences punishable under Sections 294, 307, 333 and 506 (II) of the Indian Penal Code, 1860 (in short the ‘IPC’). Allegation was that on 2.4.2002 around 9 P.M. at a public place near the bookstall on platform Nos. 2 & 3 of Harda Railway Station, they misbehaved and abused constable complainant Umesh Singh in vulgar words. They committed criminal intimidation by threatening to kill him. Accused Deepak alias Deepu was charged for commission of offence punishable under Sections 307 and 333 IPC for assaulting the complain­ant on the right side of his neck with sharp edged weapon with the intention to kill him and also for deterring a public servant fr


















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