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2005 Supreme(SC) 1368

G. P. MATHUR, P. K. BALASUBRAMANYAN, R. C. LAHOTI
State Of M. P. – Appellant
Versus
Sangram – Respondent


Judgment

G.P. Mathur, J.—1. Leave granted.

2. This appeal has been preferred by the State of M.P. against the judgment and order dated 25.7.2003 of Justice N.S. Azad of M.P. High Court in Crl. Appeal No. 758 of 1997.

3. The trial Court convicted the accused under Section 307 read with Section 34 IPC and each of them was awarded a sentence of 7 years R.I. and a fine of Rs. 500/- and in default to undergo R.I. for a further period 3 months. The High Court partly allowed the appeal and while upholding the conviction of the accused under Section 307 read with Section 34 I.P.C. reduced the sentence to the period already undergone which is 10 months and 5 days.

4. Learned counsel for the appellant has submitted that the sentence imposed by the High Court is wholly inadequate looking to the nature of the offence.

5. The High Court has not assigned any satisfactory reason for reducing the sentence to less than one year.

6. That apart, the High Court has written a very short and cryptic judgment. To say the least, the appeal has been disposed of in a most unsatisfactory manner exhibiting complete non-application of mind. There is absolutely no consideration of the evidence adduced by the parties.





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