V.K.SHUKLA, MANOJ MISRA, RAMESH SINHA
MANOJ KUMAR SINGH – Appellant
Versus
STATE OF U. P. – Respondent
By the Court.—”Law should not sit limply, while those who defy it go free and those who seek its protection lose hope.” [Jennison v. Baker, (1972) 1 All ER 997]
Crime affects not only the individual victim and his family but the society at large therefore the fundamental purpose and end of political society is defence against external enemies, and the maintenance of peaceable and orderly relations within the community. Salmond in his treatise “Jurisprudence” (Eight Edition Chapter V) while discussing the nature and essential functions of the State wrote: “A State, then, or political society, may be conceived of as an association of human beings established for the attainment of certain ends by certain means. It is the most important of all the various kinds of society in which men unite, being indeed the necessary basis and condition of peace, order, and civilisation. What then is the essential difference between this and other forms of association? .....The difference is clearly one of function. The State must be defined by reference to such of its activities and purposes as are essential and characteristic. .... It is possible, however, to distinguish among the multitudin
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