Supreme Court · 2008 INSC 658 · Decided 13 May 2008
State of Punjab v. Prem Sagar & ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 658 · [2008] 8 S.C.R. 574
- Case number
- CRIMINAL APPEAL No. 872/2008
- Decided
- 13 May 2008
- Bench
- S.B. SINHA, V.S. SIRPURKAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 235, 248(2), 325, 360, 361; Constitution Article 235, 248(2), 325, 360, 361
Headnote
Criminal Law: _., ~ c Sentencing - HELD: Courts while imposing sentence must take into consideration the principles applicable thereto - In the instant casA, High Court did not rest its decisions on any legal principle - No sufficient and cogent reason was ar- rived while giving the accused of one year imprisonment awarded by trial D court for commission of offence u/s 61(1) of Punjab Excise Act modified to six months imprisonment with a fine of Rs. 50001 ~ - - Punjab Excise Act, 1914 - s.61(1) - Probation of Offend- ers Act, 1958- Code of Criminal Procedure, 1973 - ss. 235,
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