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2006 Supreme(SC) 277

Y. K. SABHARWAL, C. K. THAKKER, R. V. RAVEENDRAN
State Of U. P. – Appellant
Versus
Narain – Respondent


ORDER

Leave granted.

2. This is again another case, out of many, where the High Court has directed that the respondent convict shall be sentenced to the period already undergone. The Court of Session convicted the respondent for offence under Section 304 Part II read with Section 34 of the Penal Code, 1860 (IPC) and sentenced him to undergo rigorous imprisonment for six years, further convicting him under Section 452 IPC and sentencing him to undergo rigorous imprisonment for one year as also convicting him under Section 323 read with Section 34 IPC for which offence he was sentenced for three months. The appeal on merits before the High Court was not pressed and the only submission made was on the question of sentence. The High Court, while dismissing the appeal and maintaining the conviction, made the order as aforesaid reducing the sentence for the period already undergone and, in addition, imposing a fine of Rs. 10,000 and in default of payment of fine to further undergo rigorous imprisonment for a period of one year. Likewise, the sentence in respect of other offences was also reduced to the period already undergone and directions for fine were made. The respondent was given thr




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