Supreme Court · 2009 INSC 91 · Decided 2 February 2009
State of M.P. v. Kashiram & ORS.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 91 · [2009] 1 S.C.R. 806
- Case number
- CRIMINAL APPEAL No. 191/2009
- Decided
- 2 February 2009
- Bench
- ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 307, 149, 148
Headnote
... Penal Code, 1860 - s. 307 - Applicability of - Discussed c - Held: An accused charged under s.307 cannot be acquitted merely because injuries inflicted on the victim were in the nature of a simple hurt - Determinative question is intention or knowledge, as the case may be, and not nature of and appropriate sentence - Duty of Court - Held: Courts required to award proper sentence having regard to nature of the offence and the manner in which it was executed or committed - Undue sympathy to impose inadequate sentence would harm the E justice system and undermine public confidence in
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)