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2004 Supreme(SC) 944

N.S.HEGDE, S.B.SINHA, A.K.MATHUR
Deo Narain Mandal – Appellant
Versus
State Of U. P. – Respondent


JUDGMENT

Santosh Hegde, J.-Heard learned counsel for the parties.

Leave granted.

2. The appellant and one Kamlesh were found guilty of an offence punishable under Section 365/511 read with Section 149 IPC for which learned 6th Additional Sessions Judge, Lucknow awarded two years rigorous imprisonment to the said accused. They were also awarded a further sentence of three months rigorous imprisonment for an offence punishable under Section 147 IPC. He directed both the sentences to run concurrently.

3. Being aggrieved by the said judgment and conviction, the appellant preferred an appeal before the High Court of Judicature at Allahabad, Lucknow Bench. The High Court by the impugned order noted that the case of the appellant herein was not pressed on merits and only a plea to reduce the sentence was advanced before it, hence while confirming the conviction awarded by the Trial Court by generally observing, that considering all facts and circumstances of the case as well as age, character and other antecedents of the appellant held that the ends of justice would meet if sentence awarded to the appellant is modified and reduced to the period already undergone. It, however, imposed a fine














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