Tulsi Ram Vs. State of Uttar Pradesh - Court Judgment |
| SooperKanoon Citation | sooperkanoon.com/651635 |
| Subject | Criminal |
| Court | Supreme Court of India |
| Decided On | Apr-27-1981 |
| Case Number | Criminal Appeal No. 471 of 1981 |
| Judge | A. Varadarajan and; P.N. Bhagwati, JJ. |
| Reported in | (1982)3SCC478 |
| Appellant | Tulsi Ram |
| Respondent | State of Uttar Pradesh |
| Disposition | Appeal Allowed |
Excerpt:
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[ a. varadarajan and; p.n. bhagwati, jj.] -- criminal procedure code, 1973 — section 235(2) — personal family circumstance of accused who did not intend to cause the fatal blow considered and sentence reduced -- hence we allow the appeal on the question of sentence and reduce the sentence from five years3 rigorous imprisonment to three years' rigorous imprisonment.p.n. bhagwati, j.1. we are of the view that having regard to the fact that the appellant did not intend to cause injury to the complainant in any vital part of the body and also having regard to the fact that his only son is in mental hospital, the sentence imposed on the appellant should be reduced. hence we allow the appeal on the question of sentence and reduce the sentence from five years3 rigorous imprisonment to three years' rigorous imprisonment.
Judgment:P.N. BHAGWATI, J.
1. We are of the view that having regard to the fact that the appellant did not intend to cause injury to the complainant in any vital part of the body and also having regard to the fact that his only son is in mental hospital, the sentence imposed on the appellant should be reduced. Hence we allow the appeal on the question of sentence and reduce the sentence from five years3 rigorous imprisonment to three years' rigorous imprisonment.