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Kusho Mahton and anr. Vs. State of Bihar - Court Judgment

LegalCrystal Citation
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 198 of 1974
Reported inAIR1980SC788; 1980CriLJ313; 1980Supp(1)SCC344
ActsIndian Penal Code (IPC) - Sections 395
AppellantKusho Mahton and anr.
RespondentState of Bihar
.....route is uncalled for. moreso, in view of remand of matter by single judge...........are.....

R.S. Sarkaria, J.

1. After hearing counsel for the parties, we are of opinion that the appellants have been rightly convicted under Section 395, Indian Penal Code, because while carrying away the stolen property they exploded cracker to frighten the inmates of the house who wanted to pursue them. All the appellants are young men and it is stated that they have already served a sentence of about one and half years. There was no attempt to cause injury to any of the inmates of the house or other persons at the time of the commission of the offence or even thereafter. Taking into consideration all the circumstances of the case we are of opinion that the ends of justice will be served if the sentence is reduced to imprisonment already undergone. Subject to this reduction in the sentence the appeal is dismissed. The bail bonds are discharged.

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