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Krishan Lal Vs. State (Delhi Administration) - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 39 of 1981
Judge
Reported inAIR1981SC2008; 1981CriLJ1689a; (1982)2SCC175b
ActsIndian Penal Code (IPC) - Sections 34, 392 and 397
AppellantKrishan Lal
RespondentState (Delhi Administration)
Excerpt:
- 1. the appellant was convicted under section 37 of the arms act and also under section 397 read with section 34 of the penal code and sentenced to suffer rigorous imprisonment for one and a half years and seven years respectively. he was also directed to pay a fine of rs. 200 for the offence under section 397 and in default to suffer rigorous imprisonment for one month.2. having considered the facts and circumstances of the case, we think that the second offence really falls under section 392 at the penal code. we alter the conviction accordingly and reduce the sentence to rigorous imprisonment for three years. the appeal is allowed to the extent indicated above.
Judgment:

1. The appellant was convicted under Section 37 of the Arms Act and also under Section 397 read with Section 34 of the Penal Code and sentenced to suffer rigorous imprisonment for one and a half years and seven years respectively. He was also directed to pay a fine of Rs. 200 for the offence under Section 397 and in default to suffer rigorous imprisonment for one month.

2. Having considered the facts and circumstances of the case, we think that the second offence really falls under Section 392 at the Penal Code. We alter the conviction accordingly and reduce the sentence to rigorous imprisonment for three years. The appeal is allowed to the extent indicated above.


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