MANMOHAN, SANGITA DHINGRA SEHGAL
State (Govt. of NCT of Delhi) – Appellant
Versus
Sonu – Respondent
JUDGMENT :
MANMOHAN, J:
1. Present appeal has been filed on behalf of the State challenging the order on sentence dated 27th May, 2019 passed by ASJ/Special Judge (NDPS), North District, Rohini Courts, Delhi in Sessions Case No. 506/2017 arising out of FIR No. 111/2017 registered with Police Station, Swaroop Nagar whereby the respondent-accused had been sentenced to undergo imprisonment for the time already undergone by him for the offences punishable under Sections 307 and 324 IPC.
ARGUMENTS ON BEHALF OF THE STATE
2. Ms. Aashaa Tiwari, learned APP for the State contended that the Trial Court in its impugned order, had failed to appreciate that the respondent-accused had attempted to commit murder of Ashish and had caused injuries with a knife. She submitted that the sentence awarded to the respondent-accused was inadequate and should be enhanced. In support of her submission, she relied upon the Supreme Court judgment in State of Madhya Pradesh vs. Saleem @ Chamaru & Anr., 2005 (5) SCC 554 wherein it has been held as under:-
Accused ‘X’ v. State of Maharashtra
Bachan Singh v. State of Punjab (1980) 2 SCC 684
Hazara Singh vs. Raj Kumar & Ors.
Kuchhia Patel Shantilal Koderlal v. State of Gujarat and Another [(1980) 3 SCC 120]
Machhi Singh v. State of Punjab (1983) 3 SCC 470
Ram Narain and Ors. Vs. State of U.P. 1970 (3) SCC 493
State of Uttar Pradesh vs. Chandrika (1999) 8 SCC 638
Santa Singh vs. State of Punjab (1976) 4 SCC 190
State of Madhya Pradesh vs. Saleem @ Chamaru & Anr.
Sevaka Perumal v. State of T.N. [(1991) 3 SCC 471 : 1991 SCC (Cri) 724 : AIR 1991 SC 1463]
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