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Pooran Singh Vs. State of Uttar Pradesh - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 212 of 1947
Judge
Reported inAIR1981SC1638; 1981CriLJ1284
ActsIndian Penal Code (IPC) - Sections 304
AppellantPooran Singh
RespondentState of Uttar Pradesh
Excerpt:
- [j.r. mudholkar,; k. subba rao and; raghubar dayal, jj.] the appellant was the owner of fields bearing survey numbers 231 and 260 in a village in gujarat. respondent no. 1 was the manager of her estate for some time and while occupying that position, he obtained from her a sale deed in respect of those fields. the appellant made an application to the mamlatdar for a declaration that the sale was invalid as it was in contravention of ss. 63 and 64 of the bombay tenancy and agricultural lands act, 1948. certain villagers also made an application the collector under s. 84 for the summary eviction of respondent no. 1 on the ground that the transaction was void as being in violation of provisions of ss. 63 and 64 of the act. the collector passed an order that the sale made by the appellant.....r.s. sarkaria, j.1. we have heard mr. garg, learned counsel for the appellant and mr. o.p. rana, learned counsel for the respondent state. taking into consideration all the circumstances of the case, including the fact that at the time of occurrence the appellant was a raw youth of 19 years, we, while maintaining the conviction of the appellant under section 304, part i, i.p.c. reduce his sentence to imprisonment already undergone, which is stated to be about 18 1/2 months. subject to this reduction in the sentence, the appeal is dismissed. the bail bond of the appellant is discharged.
Judgment:

R.S. Sarkaria, J.

1. We have heard Mr. Garg, learned Counsel for the appellant and Mr. O.P. Rana, learned Counsel for the respondent State. Taking into consideration all the circumstances of the case, including the fact that at the time of occurrence the appellant was a raw youth of 19 years, we, while maintaining the conviction of the appellant under Section 304, Part I, I.P.C. reduce his sentence to imprisonment already undergone, which is stated to be about 18 1/2 months. Subject to this reduction in the sentence, the appeal is dismissed. The bail bond of the appellant is discharged.


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