Supreme Court · 2004 INSC 423 · Decided 5 August 2004
Surjit Singh v. Nahara Ram and ANR.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 423 · [2004] SUPP. 3 S.C.R. 356
- Case number
- CRIMINAL APPEAL No. 799/2004
- Decided
- 5 August 2004
- Bench
- ARIJIT PASAYAT, C.K. THAKKER (2-judge bench)
- Outcome
- Leave Granted & Allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 306, 27, 307, 326; CrPC Section 401; Arms Act Section 27
Headnote
Criminal Law-Appropriate sentence-Award of-General princi­ ples-Held: There should be adherence to the principle of proportionality according to the culpability of each kind of criminal conduct-It allows C some significant discretion to the judge in awarding a sentence in each case-But undue proper sentence having regard to the nature of offence and the manner in which it was committed-On facts, High Court not justified in reducing custodial D sentence-Enhanced fine having been paid, custodial sentenced reduced to 18 months-Out of the fine Rs. 10,000 be paid to the appellant­
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